REPRESENTATIVES Flowers, DeWine, Ford, Damschroder, Goodman, Fessler, Schaffer, Schmidt, Carey, Seitz, Raga, Coates, Widowfield, Wolpert, Clancy, Carmichael

To amend sections 3743.01, 3743.02, 3743.03, 3743.04,

1

3743.05, 3743.06, 3743.07, 3743.08, 3743.15,

2

3743.16, 3743.17, 3743.18, 3743.19, 3743.20,

3

3743.21, 3743.40, 3743.44, 3743.45, 3743.50,

4

3743.51, 3743.52, 3743.53, 3743.54, 3743.58,

5

3743.59, 3743.60, 3743.61, 3743.64, 3743.65,

6

3743.66, 3743.68, 3743.80, and 3743.99 and to

7

enact sections 3743.25, 3743.56, and 3743.70 of

8

the Revised Code to reenact the amendments and the

9

enactments made to the Fireworks Law by Am. Sub.

10

H.B. 215 of the 122nd General Assembly to protect

11

the sections against a challenge that their

12

amendment or enactment violated the one-subject

13

rule and to further amend sections 3743.01,

14

3743.52, 3743.53, 3743.54, 3743.64, and 3743.99

15

and to enact section 3743.541 of the Revised Code

16

to make other changes in the Fireworks Law

17

relating to fireworks incidents and their

18

investigation.

19

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3743.01, 3743.02, 3743.03, 3743.04,	20
3743.05, 3743.06, 3743.07, 3743.08, 3743.15, 3743.16, 3743.17,	21
3743.18, 3743.19, 3743.20, 3743.21, 3743.40, 3743.44, 3743.45,	22
3743.50, 3743.51, 3743.52, 3743.53, 3743.54, 3743.58, 3743.59,	23
3743.60, 3743.61, 3743.64, 3743.65, 3743.66, 3743.68, 3743.80, and	24
3743.99 be amended and sections 3743.25, 3743.56, and 3743.70 of	25
the Revised Code be enacted to read as follows:	26

Sec. 3743.01.  As used in this chapter:

27

(A) "Beer" and "intoxicating liquor" have the same meanings	28
as in section 4301.01 of the Revised Code.	29

(B) "Booby trap" means a small tube that has a string	30
protruding from both ends, that has a friction-sensitive	31
composition, and that is ignited by pulling the ends of the	32
string.	33

(C) "Cigarette load" means a small wooden peg that is coated	34
with a small quantity of explosive composition and that is ignited	35
in a cigarette.	36

(D) "Class C fireworks" means fireworks classified as Class C	37
fireworks by the fire marshal in rules adopted pursuant to	38
division (A) of section 3743.05 of the Revised Code(1)"1.3G	39
fireworks" means display fireworks consistent with regulations of	40
the United States department of transportation as expressed using	41
the designation "division 1.3" in Title 49, Code of Federal	42
Regulations.	43

(2) "1.4G fireworks" means consumer fireworks consistent	44
with regulations of the United States department of transportation	45
as expressed using the designation "division 1.4" in Title 49,	46
Code of Federal Regulations.	47

(E) "Controlled substance" has the same meaning as in	48
section 3719.01 of the Revised Code.	49

(F) "Fireworks" means any composition or device prepared for	50
the purpose of producing a visible or an audible effect by	51
combustion, deflagration, or detonation, except ordinary matches	52
and except as provided in section 3743.80 of the Revised Code.	53

(G) "Fireworks plant" means all buildings and other	54
structures in which the manufacturing of fireworks, or the storage	55
or sale of manufactured fireworks by a manufacturer, takes place.	56

(H) "Highway" means any public street, road, alley, way,	57
lane, or other public thoroughfare.	58

(I) "Licensed exhibitor of fireworks" or "licensed	59
exhibitor" means a person licensed pursuant to sections 3743.50 to	60
3743.55 of the Revised Code.	61

(J) "Licensed manufacturer of fireworks" or "licensed	62
manufacturer" means a person licensed pursuant to sections 3743.02	63
to 3743.08 of the Revised Code.	64

(K) "Licensed wholesaler of fireworks" or "licensed	65
wholesaler" means a person licensed pursuant to sections 3743.15	66
to 3743.21 of the Revised Code.	67

(L) "List of licensed exhibitors" means the list required by	68
division (C) of section 3743.51 of the Revised Code.	69

(M) "List of licensed manufacturers" means the list required	70
by division (C) of section 3743.03 of the Revised Code.	71

(N) "List of licensed wholesalers" means the list required	72
by division (C) of section 3743.16 of the Revised Code.	73

(O) "Manufacturing of fireworks" means the making of	74
fireworks from raw materials, none of which in and of themselves	75
constitute a fireworks, or the processing of fireworks.	76

(P) "Navigable waters" means any body of water susceptible	77
of being used in its ordinary condition as a highway of commerce	78
over which trade and travel is or may be conducted in the	79
customary modes, but does not include a body of water that is not	80
capable of navigation by barges, tugboats, and other large	81
vessels.	82

(Q) "Novelties and trick noisemakers" include the following	83
items:	84

(1) Devices that produce a small report intended to surprise	85
the user, including, but not limited to, booby traps, cigarette	86
loads, party poppers, and snappers;	87

(2) Snakes or glow worms;

88

(3) Smoke devices;

89

(4) Trick matches.

90

(R) "Party popper" means a small plastic or paper item that	91
contains not more than sixteen milligrams of friction-sensitive	92
explosive composition, that is ignited by pulling a string	93
protruding from the item, and from which paper streamers are	94
expelled when the item is ignited.	95

(S) "Processing of fireworks" means the making of fireworks	96
from materials all or part of which in and of themselves	97
constitute a fireworks, but does not include the mere packaging or	98
repackaging of fireworks.	99

(T) "Railroad" means any railway or railroad that carries	100
freight or passengers for hire, but does not include auxiliary	101
tracks, spurs, and sidings installed and primarily used in serving	102
a mine, quarry, or plant.	103

(U) "Retail sale" or "sell at retail" means a sale of	104
fireworks to a purchaser who intends to use the fireworks, and not	105
resell them.	106

(V) "Smoke device" means a tube or sphere that contains	107
pyrotechnic composition that, upon ignition, produces white or	108
colored smoke as the primary effect.	109

(W) "Snake or glow worm" means a device that consists of a	110
pressed pellet of pyrotechnic composition that produces a large,	111
snake-like ash upon burning, which ash expands in length as the	112
pellet burns.	113

(X) "Snapper" means a small, paper-wrapped item that	114
contains a minute quantity of explosive composition coated on	115
small bits of sand, and that, when dropped, implodes.	116

(Y) "Trick match" means a kitchen or book match that is	117
coated with a small quantity of explosive composition and that,	118
upon ignition, produces a small report or a shower of sparks.	119

(Z) "Wire sparkler" means a sparkler consisting of a wire or	120
stick coated with a nonexplosive pyrotechnic mixture that produces	121
a shower of sparks upon ignition and that contains no more than	122
one hundred grams of this mixture.	123

(AA) "Wholesale sale" or "sell at wholesale" means a sale of	124
fireworks to a purchaser who intends to resell the fireworks that	125
he purchasesso purchased.	126

(BB)"Licensed premises" means the real estate upon which a	127
licensed manufacturer or wholesaler of fireworks conducts	128
business.	129

(CC) "Licensed building" means a building on the licensed	130
premises of a licensed manufacturer or wholesaler of fireworks	131
that is approved for occupancy by the building official having	132
jurisdiction.	133

Sec. 3743.02.  (A) Any person who wishes to manufacture	134
fireworks in this state shall submit to the fire marshal an	135
application for licensure as a manufacturer of fireworks before	136
the first day of DecemberOctober of each year. The application	137
shall be submitted prior to the operation of a fireworks plant,	138
shall be on a form prescribed by the fire marshal, shall contain	139
all information required by this section or requested by the fire	140
marshal, and shall be accompanied by the license fee,	141
fingerprints, and bond, letter of credit, certificate of deposit,	142
or proof of insurance coverage described in division (B) of this	143
section.	144

The fire marshal shall prescribe a form for applications for	145
licensure as a manufacturer of fireworks and make a copy of the	146
form available, upon request, to persons who seek that licensure.	147

(B) An applicant for licensure as a manufacturer of	148
fireworks shall submit with the application bothall of the	149
following:	150

(1) A license fee of onetwo thousand fiveseven hundred	151
fifty dollars,which the fire marshal shall use to pay for	152
fireworks safety education, training programs, and inspections;	153

(2) An indemnity bond, with surety satisfactory to the fire	154
marshal, or a letter of credit or certificate of deposit, in such	155
amounts as may be determined by the fire marshal not in excess of	156
fifty thousand dollars nor less than twenty thousand dollars,	157
conditioned for the payment of all final judgments that may be	158
rendered against the manufacturer on account of an explosion at	159
the fireworks plant, or proof of insurance coverage of at least	160
five hundred thousand dollars for liability arising from an	161
explosion at the fireworks plantProof of comprehensive general	162
liability insurance coverage, specifically including fire and	163
smoke casualty on premises and products, in an amount not less	164
than one million dollars for each occurrence for bodily injury	165
liability and wrongful death liability at the fireworks plant. All	166
applicants shall submit evidence of comprehensive general	167
liability insurance coverage verified by the insurer and certified	168
as to its provision of the minimum coverage required under this	169
division.	170

(3) One complete set of the applicant's fingerprints and a	171
complete set of fingerprints of any individual holding, owning, or	172
controlling a five per cent or greater beneficial or equity	173
interest in the applicant for the license.	174

(C) A separate application for licensure as a manufacturer	175
of fireworks shall be submitted for each fireworks plant that a	176
person wishes to operate in this state.	177

(D) If an applicant intends to include the processing of	178
fireworks as any part of its proposed manufacturing of fireworks,	179
a statement indicating that intent shall be included in its	180
application for licensure.	181

Sec. 3743.03.  (A) If a person submits an application for	182
licensure as a manufacturer of fireworks, together with the	183
license fee,fingerprints, and bond, letter of credit, certificate	184
of deposit, or proof of the insurance coverage, as required by	185
section 3743.02 of the Revised Code, the fire marshal shall review	186
the application and accompanying matter, request the criminal	187
records check described in division (E) of this section, inspect	188
the premises of the fireworks plant described in the application,	189
and determine whether the applicant will be issued the license. In	190
determining whether to issue the license, the fire marshal shall	191
consider the results of the criminal records check and the	192
inspection, and the information set forth in the application, and	193
shall decide whether the applicant and the fireworks plant	194
described in the application conform to sections 3743.02 to	195
3743.08 of the Revised Code and the rules adopted by the fire	196
marshal pursuant to section 3743.05 of the Revised Code,and are	197
in full compliance with Chapters 3781. and 3791. of the Revised	198
Code, and any applicable building or zoning regulations.	199

(B) TheSubject to section 3743.70 of the Revised Code, the	200
fire marshal shall issue a license pursuant toin accordance with	201
Chapter 119. of the Revised Code to an applicant for licensure as	202
a manufacturer of fireworks only if the applicant and the	203
fireworks plant described in the application conform to sections	204
3743.02 to 3743.08 of the Revised Code and the rules adopted by	205
the fire marshal pursuant to section 3743.05 of the Revised Code,	206
only if the fireworks plant described in the application complies	207
with the Ohio building code adopted under Chapter 3781. of the	208
Revised Code, if that fireworks plant was constructed after May	209
30, 1986, and only if the fire marshal is satisfied that the	210
application and accompanying matter are complete and in conformity	211
with section 3743.02 of the Revised Code. The requirements of	212
this chapter and of the rules adopted under this chapter as	213
applicable to the structure of a building do not apply to a	214
building in a fireworks plant if the building was inspected and	215
approved by the department of industrial relations or by any	216
building department certified pursuant to division (E) of section	217
3781.10 of the Revised Code prior to May 30, 1986.	218

(C) Each license issued pursuant to this section shall	219
contain a distinct number assigned to the licensed manufacturer	220
and, if the licensed manufacturer will engage in the processing of	221
fireworks as any part of its manufacturing of fireworks at the	222
fireworks plants, a notation indicating that fact. The fire	223
marshal shall maintain a list of all licensed manufacturers of	224
fireworks. In the list next to each manufacturer's name, the fire	225
marshal shall insert the period of licensure, the license number	226
of the manufacturer, and, if applicable, a notation that the	227
manufacturer will engage in the processing of fireworks as part of	228
its manufacturing of fireworks.	229

(D) The holder of a license issued pursuant to this section	230
may request the fire marshal to cancel that license and issue in	231
its place a license to sell fireworks at wholesale under section	232
3743.16 of the Revised Code. Upon receipt of such a request, the	233
fire marshal shall cancel the license issued under this section	234
and issue a license under section 3743.16 of the Revised Code if	235
the applicant meets the requirements of that section.	236

(E)Upon receipt of an application and the required	237
accompanying matter under section 3743.02 of the Revised Code, the	238
fire marshal shall forward to the superintendent of the bureau of	239
criminal identification and investigation a request that the	240
bureau conduct an investigation of the applicant and, if	241
applicable, additional individuals who hold, own, or control a	242
five per cent or greater beneficial or equity interest in the	243
applicant, to determine whether the applicant or the additional	244
associated individuals have been convicted of or pled guilty to a	245
felony under the laws of this state, another state, or the United	246
States.	247

If the applicant for initial licensure has resided in this	248
state for less than five continuous years immediately prior to the	249
date the applicant submits an initial application, the	250
superintendent also shall request that the federal bureau of	251
investigation conduct an investigation of the applicant and, if	252
applicable, additional individuals who hold, own, or control a	253
five per cent or greater beneficial or equity interest in the	254
applicant, to determine whether the applicant or the additional	255
associated individuals have been convicted of or pled guilty to a	256
felony under the laws of this state, another state, or the United	257
States.	258

The superintendent shall forward the results of an	259
investigation conducted pursuant to this division to the fire	260
marshal and may charge a reasonable fee for providing the results.	261
The fire marshal shall assess any fee charged by the	262
superintendent for the results to the applicant.	263

Sec. 3743.04.  (A) The license of a manufacturer of	264
fireworks is effective for one year beginning on the first day of	265
December. The fire marshal shall issue or renew a license only on	266
that date and at no other time. If a manufacturer of fireworks	267
wishes to continue manufacturing fireworks at the designated	268
fireworks plant after its then effective license expires, it shall	269
apply no later than the first day of October for a new license	270
pursuant to section 3743.02 of the Revised Code. The fire marshal	271
shall send a written notice of the expiration of its license to a	272
licensed manufacturer at least twothree months before the	273
expiration date.	274

(B) If, during the effective period of its licensure, a	275
licensed manufacturer of fireworks wishes to construct, locate, or	276
relocate any buildings or other structures on the premises of its	277
fireworks plant, to make any structural change or renovation in	278
any building or other structure on the premises of its fireworks	279
plant, or to change the nature of its manufacturing of fireworks	280
so as to include the processing of fireworks, the manufacturer	281
shall notify the fire marshal in writing. The fire marshal may	282
require a licensed manufacturer also to submit documentation,	283
including, but not limited to, plans covering the proposed	284
construction, location, relocation, structural change or	285
renovation, or change in manufacturing of fireworks, if hethe	286
fire marshal determines the documentation is necessary for	287
evaluation purposes in light of the proposed construction,	288
location, relocation, structural change or renovation, or change	289
in manufacturing of fireworks.	290

Upon receipt of the notification and additional documentation	291
required by the fire marshal, the fire marshal shall inspect the	292
premises of the fireworks plant to determine if the proposed	293
construction, location, relocation, structural change or	294
renovation, or change in manufacturing of fireworks conforms to	295
sections 3743.02 to 3743.08 of the Revised Code and the rules	296
adopted by the fire marshal pursuant to section 3743.05 of the	297
Revised Code. The fire marshal shall issue a written	298
authorization to the manufacturer for the construction, location,	299
relocation, structural change or renovation, or change in	300
manufacturing of fireworks if hethe fire marshal determines, upon	301
the inspection and a review of submitted documentation, that the	302
construction, location, relocation, structural change or	303
renovation, or change in manufacturing of fireworks conforms to	304
those sections and rules. Upon authorizing a change in	305
manufacturing of fireworks to include the processing of fireworks,	306
the fire marshal shall make notations on the manufacturer's	307
license and in the list of licensed manufacturers in accordance	308
with section 3743.03 of the Revised Code.	309

On or before June 1, 1998, a licensed manufacturer shall	310
install, in every licensed building in which fireworks are	311
manufactured, stored, or displayed and to which the public has	312
access, interlinked fire detection, smoke exhaust, and smoke	313
evacuation systems that are approved by the superintendent of the	314
division of industrial compliance, and shall comply with floor	315
plans showing occupancy load limits and internal circulation and	316
egress patterns that are approved by the fire marshal and	317
superintendent, and that are submitted under seal as required by	318
section 3791.04 of the Revised Code. Notwithstanding section	319
3743.59 of the Revised Code, the construction and safety	320
requirements established in this division are not subject to any	321
variance, waiver, or exclusion.	322

(C) The license of a manufacturer of fireworks authorizes	323
the manufacturer to engage only in the following activities:	324

(1) The manufacturing of fireworks on the premises of the	325
fireworks plant as described in the application for licensure or	326
in the notification submitted under division (B) of this section,	327
except that a licensed manufacturer shall not engage in the	328
processing of fireworks unless authorized to do so by its license.	329

(2) To possess for sale at wholesale and sell at wholesale	330
the fireworks manufactured by the manufacturer, to persons who are	331
licensed wholesalers of fireworks, to out-of-state residents in	332
accordance with section 3743.44 of the Revised Code, to residents	333
of this state in accordance with section 3743.45 of the Revised	334
Code, or to persons located in another state provided the	335
fireworks are shipped directly out of this state to them by the	336
manufacturer. A person who is licensed as a manufacturer of	337
fireworks on the effective date of this amendment mayJune 14,	338
1988, also may possess for sale and sell pursuant to division	339
(C)(2) of this section fireworks other than those hethe person	340
manufactures. The possession for sale shall be on the premises of	341
the fireworks plant described in the application for licensure or	342
in the notification submitted under division (B) of this section,	343
and the sale shall be from those premisesthe inside of a licensed	344
building and from no other structure or device outside a licensed	345
building. At no time shall a licensed manufacturer sell any class	346
of fireworks outside a licensed building.	347

(3) Possess for sale at retail and sell at retail the	348
fireworks manufactured by the manufacturer, other than Class C	349
1.4G fireworks as designated by the fire marshal in rules adopted	350
pursuant to division (A) of section 3743.05 of the Revised Code,	351
to licensed exhibitors in accordance with sections 3743.50 to	352
3743.55 of the Revised Code, and possess for sale at retail and	353
sell at retail the fireworks manufactured by the manufacturer,	354
including such Class C1.4G fireworks, to out-of-state residents	355
in accordance with section 3743.44 of the Revised Code, to	356
residents of this state in accordance with section 3743.45 of the	357
Revised Code, or to persons located in another state provided the	358
fireworks are shipped directly out of this state to them by the	359
manufacturer. A person who is licensed as a manufacturer of	360
fireworks on the effective date of this amendmentJune 14, 1988,	361
may also possess for sale and sell pursuant to division (C)(3) of	362
this section fireworks other than those hethe person	363
manufactures. The possession for sale shall be on the premises of	364
the fireworks plant described in the application for licensure or	365
in the notification submitted under division (B) of this section,	366
and the sale shall be from those premisesthe inside of a licensed	367
building and from no other structure or device outside a licensed	368
building. At no time shall a licensed manufacturer sell any class	369
of fireworks outside a licensed building.	370

A licensed manufacturer of fireworks shall sell under	371
division (C) of this section only fireworks that meet the	372
standards set by the consumer product safety commission or by the	373
American fireworks standard laboratories or that have received an	374
EX number from the United States department of transportation.	375

(D) The license of a manufacturer of fireworks shall be	376
protected under glass and posted in a conspicuous place on the	377
premises of the fireworks plant. Except as otherwise provided in	378
this division, the license is not transferable or assignable. A	379
license may be transferred to another person for the same	380
fireworks plant for which the license was issued if the assets of	381
the plant are transferred to that person by inheritance or by a	382
sale approved by the fire marshal. The license is subject to	383
revocation in accordance with section 3743.08 of the Revised Code.	384

(E)The fire marshal shall not place the license of a	385
manufacturer of fireworks in a temporarily inactive status while	386
the holder of the license is attempting to qualify to retain the	387
license.	388

(F) Each licensed manufacturer of fireworks that possesses	389
fireworks for sale and sells fireworks under division (C) of	390
section 3743.04 of the Revised Code, or a designee of the	391
manufacturer, whose identity is provided to the fire marshal by	392
the manufacturer, annually shall attend a continuing education	393
program consisting of not less than eight hours of instruction.	394
The fire marshal shall develop the program and the fire marshal or	395
a person or public agency approved by the fire marshal shall	396
conduct it. A licensed manufacturer or the manufacturer's	397
designee who attends a program as required under this division,	398
within one year after attending the program, shall conduct	399
in-service training for other employees of the licensed	400
manufacturer regarding the information obtained in the program. A	401
licensed manufacturer shall provide the fire marshal with notice	402
of the date, time, and place of all in-service training not less	403
than thirty days prior to an in-service training event.	404

(G) A licensed manufacturer shall maintain comprehensive	405
general liability insurance coverage in the amount and type	406
specified under division (B)(2) of section 3743.02 of the Revised	407
Code at all times. Each policy of insurance required under this	408
division shall contain a provision requiring the insurer to give	409
not less than fifteen days' prior written notice to the fire	410
marshal before termination, lapse, or cancellation of the policy,	411
or any change in the policy that reduces the coverage below the	412
minimum required under this division. Prior to canceling or	413
reducing the amount of coverage of any comprehensive general	414
liability insurance coverage required under this division, a	415
licensed manufacturer shall secure supplemental insurance in an	416
amount and type that satisfies the requirements of this division	417
so that no lapse in coverage occurs at any time. A licensed	418
manufacturer who secures supplemental insurance shall file	419
evidence of the supplemental insurance with the fire marshal prior	420
to canceling or reducing the amount of coverage of any	421
comprehensive general liability insurance coverage required under	422
this division.	423

Sec. 3743.05.  The fire marshal shall adopt rules pursuant to	424
in accordance with Chapter 119. of the Revised Code governing the	425
classification of fireworks that are consistent with the	426
classification of fireworks by the United States department of	427
transportation as set forth in Title 49, Code of Federal	428
Regulations, and the manufacture of fireworks and the storage of	429
manufactured fireworks by licensed manufacturers of fireworks. The	430
rules shall be designed to promote the safety and security of	431
employees of manufacturers, members of the public, and the	432
fireworks plant.	433

The rules shall be consistent with sections 3743.02 to	434
3743.08 of the Revised Code, shall be limitedsubstantially	435
equivalent to the most recent versions of chapters 1123, 1124, and	436
1126 of the most recent national fire protection association	437
standards, and shall apply to, but not be limited to, the	438
following subject matters:	439

(A) A classification of fireworks by number and letter	440
designation, including, specifically, a Class C1.4G designation	441
of fireworks. The classes of fireworks established by the fire	442
marshal shall be substantially equivalent to those defined by the	443
United States department of transportation by regulation, except	444
that, if the fire marshal determines that a type of fireworks	445
designated as common fireworks by the United States department of	446
transportation meets the criteria of any class of fireworks, other	447
than Class C1.4G fireworks, as adopted by the fire marshal	448
pursuant to this section, the fire marshal may include the type of	449
fireworks in the other class instead of Class C1.4G.	450

(B) Appropriate standards for the manufacturing of types of	451
fireworks that are consistent with standards adopted by the United	452
States department of transportation and the consumer product	453
safety commission, including, but not limited to, the following:	454

(1) Permissible amounts of pyrotechnic or explosive	455
composition;	456

(2) Interior and exterior dimensions;

457

(3) Structural specifications.

458

(C) Cleanliness and orderliness in, the heating, lighting,	459
and use of stoves and flame-producing items in, smoking in, the	460
prevention of fire and explosion in, the availability of fire	461
extinguishers or other fire-fighting equipment and their use in,	462
and emergency procedures relative to the buildings and other	463
structures located on the premises of a fireworks plant.	464

(D) Appropriate uniforms to be worn by employees of	465
manufacturers in the course of the manufacturing, handling, and	466
storing of fireworks, and the use of protective clothing and	467
equipment by the employees.	468

(E) The manner in which fireworks are to be packed,	469
packaged, and stored.	470

Sec. 3743.06.  In addition to conforming to the rules of the	471
fire marshal adopted pursuant to section 3743.05 of the Revised	472
Code, licensed manufacturers of fireworks shall operate their	473
fireworks plants in accordance with the following:	474

(A) Signs indicating that smoking is generally forbidden and	475
trespassing is prohibited on the premises of a fireworks plant	476
shall be posted on the premises in a manner determined by the fire	477
marshal.	478

(B) Reasonable precautions shall be taken to protect the	479
premises of a fireworks plant from trespass, loss, theft, or	480
destruction. Only persons employed by the manufacturer,	481
authorized governmental personnel, and persons who have obtained	482
permission from a member of the manufacturer's office to be on the	483
premises, are to be allowed to enter and remain on the premises.	484

(C) Smoking or the carrying of lighted pipes, cigarettes, or	485
cigars, matches, lighters, other flame-producing items, or open	486
flame on,or the carrying of a concealed source of ignition into,	487
the premises of a fireworks plant is prohibited, except that a	488
manufacturer may permit smoking in specified lunchrooms or	489
restrooms in buildings or other structures in which no	490
manufacturing, handling, sales, or storage of fireworks taketakes	491
place. "NO SMOKING" signs shall be posted on the premises as	492
required by the fire marshal.	493

(D) Fire and explosion prevention and other reasonable	494
safety measures and precautions shall be implemented by a	495
manufacturer.	496

(E) Persons shall not be permitted to have in their	497
possession or under their control, while they are on the premises	498
of the fireworks plant, any intoxicating liquor, beer, or	499
controlled substance, and they shall not be permitted to enter or	500
remain on the premises if they are found to be under the influence	501
of any intoxicating liquor, beer, or controlled substance.	502

(F) A manufacturer shall conform to all building, safety,	503
and zoning statutes, ordinances, rules, or other enactments that	504
apply to the premises of its fireworks plant.	505

(G) No building used in the manufacture, storage, or sale of	506
fireworks shall be situated nearer than one thousand feet to any	507
structure that is not located on the property of and that does not	508
belong to the licensed fireworks manufacturer, or nearer than	509
three hundred feet to any highway or railroad, or nearer than one	510
hundred feet to any building used for the storage of explosives or	511
fireworks, or nearer than fifty feet to any factory building. This	512
division does not apply to factory buildings in fireworks plants	513
that were erected on or before May 30, 1986, and that were legally	514
being used for fireworks activities under authority of a valid	515
license issued by the fire marshal as of December 1, 1990,	516
pursuant to sections 3743.03 and 3743.04 of the Revised Code.	517

(H) Each fireworks plant shall have at least one class 1	518
magazine that is approved by the bureau of alcohol, tobacco, and	519
firearms of the United States department of the treasury and that	520
is otherwise in conformity with federal law. This division does	521
not apply to fireworks plants existing on or before August 3,	522
1931.	523

(I)Awnings, tents, and canopies shall not be used as	524
facilities for the sale or storage of fireworks. This division	525
does not prohibit the use of an awning or canopy attached to a	526
public access showroom for storing nonflammable shopping	527
convenience items such as shopping carts or baskets or providing a	528
shaded area for patrons waiting to enter the public sales area.	529

(J) Fireworks may be stored in trailers if the trailers are	530
properly enclosed, secured, and grounded and are separated from	531
any structure to which the public is admitted by a distance that	532
will, in the fire marshal's judgment, allow fire-fighting	533
equipment to have full access to the structures on the licensed	534
premises. Such trailers may be moved into closer proximity to any	535
structure only to accept or discharge cargo for a period not to	536
exceed forty-eight hours. Only two such trailers may be placed in	537
such closer proximity at any one time. At no time may trailers be	538
used for conducting sales of any class of fireworks, nor may	539
members of the public have access to the trailers.	540

Storage areas for fireworks that are in the same building	541
where fireworks are displayed and sold to the public shall be	542
separated from the areas to which the public has access by an	543
appropriately rated fire wall.	544

(K) A fire suppression system as defined in section 3781.108	545
of the Revised Code may be turned off only for repair, drainage of	546
the system to prevent damage by freezing during the period of	547
time, approved by the fire marshal, that the facility is closed to	548
all public access during winter months, or maintenance of the	549
system. If any repair or maintenance is necessary during times	550
when the facility is open for public access and business as	551
approved by the fire marshal, the licensed manufacturer shall	552
notify in advance the appropriate insurance company and fire chief	553
or fire prevention officer regarding the nature of the maintenance	554
or repair and the time when it will be performed.	555

(L) If any fireworks item is removed from its original	556
package or is manufactured with any fuse other than a safety fuse	557
approved by the consumer product safety commission, then the item	558
shall be covered completely by repackaging or bagging or it shall	559
otherwise be covered so as to prevent ignition prior to sale.	560

(M) A safety officer shall be present during regular	561
business hours at a building open to the public during the period	562
commencing fourteen days before, and ending two days after, each	563
fourth day of July. The officer shall be highly visible, enforce	564
this chapter and any applicable building codes to the extent the	565
officer is authorized by law, and be one of the following:	566

(1) A deputy sheriff;

567

(2) A law enforcement officer of a municipal corporation,	568
township, or township or joint township police district;	569

(3) A private uniformed security guard registered under	570
section 4749.06 of the Revised Code.	571

(N) All doors of all buildings on the licensed premises	572
shall swing outward.	573

(O) All wholesale and commercial sales of fireworks shall be	574
packaged, shipped, placarded, and transported in accordance with	575
United States department of transportation regulations applicable	576
to the transportation, and the offering for transportation, of	577
hazardous materials. For purposes of this division, "wholesale	578
and commercial sales" includes all sales for resale and any	579
nonretail sale made in furtherance of a commercial enterprise. For	580
purposes of enforcement of these regulations under section 4905.83	581
of the Revised Code, any sales transaction exceeding one thousand	582
pounds shall be rebuttably presumed to be a wholesale or	583
commercial sale.	584

Sec. 3743.07.  (A) Licensed manufacturers of fireworks shall	585
keep complete records of all fireworks in their inventory.	586

(B) Licensed manufacturers of fireworks shall keep the	587
following records with respect to fireworks sold at wholesale or	588
retail for a period of three years after the date of their sale:	589

(1) In the case of a wholesale sale, the name and address of	590
the purchaser; the destination to which the fireworks will be	591
transported; if applicable, the number of the purchaser's	592
wholesale license; the date of purchase; when the fireworks are to	593
be shipped directly out of this state by a manufacturer to a	594
purchaser, the manner in which the fireworks were shipped to the	595
purchaser; and such other information as the fire marshal may	596
require.	597

(2) In the case of a retail sale, the name and address of	598
the purchaser; the destination to which the fireworks will be	599
transported; if applicable, the number of the purchaser's	600
exhibitor's license and the number and political subdivision	601
designation of the purchaser's permit for a fireworks exhibition;	602
the date of purchase; when the fireworks are shipped directly out	603
of this state by a manufacturer to a purchaser, the manner in	604
which the fireworks were shipped to the purchaser; and such other	605
information as the fire marshal may require.	606

(C) The seller shall require each purchaser described in	607
division (B) of this section to complete a purchaser's form, which	608
shall be furnishedprescribed by the fire marshal and furnished by	609
the seller. On this form the purchaser shall include the	610
information described in division (B) of this section and the	611
purchaser's signature. Each purchaser's form shall contain a	612
statement printed in bold letters indicating that knowingly making	613
a false statement on the form is falsification under section	614
2921.13 of the Revised Code and is a misdemeanor of the first	615
degree. Each seller shall keep each purchaser's form for a period	616
of three years after the date of the purchase, and such forms	617
shall be open to inspection by the fire marshal or the fire	618
marshal's designated authority.	619

(D) A licensed manufacturer of fireworks shall keep its	620
wholesale sale and retail sale records in separate books. These	621
records and the inventory records shall be open to inspection by	622
the fire marshal or the fire marshal's designated authority.	623

Sec. 3743.08.  (A) The fire marshal may inspect the premises	624
of a fireworks plant, and the inventory, wholesale sale, and	625
retail sale records, of a licensed manufacturer of fireworks	626
during the manufacturer's period of licensure to determine whether	627
the manufacturer is in compliance with sections 3743.02 to 3743.08	628
Chapter3743. of the Revised Code and the rules adopted by the	629
fire marshal pursuant to section 3743.05 of the Revised Code.	630

(B) If the fire marshal determines during an inspection	631
conducted pursuant to division (A) of this section that a	632
manufacturer is not in compliance with sections 3743.02 to 3743.08	633
Chapter3743. of the Revised Code or the rules adopted by the fire	634
marshal pursuant to section 3743.05 of the Revised Code, hethe	635
fire marshal may take one or more of the following actions,	636
whichever hethe fire marshal considers appropriate under the	637
circumstances:	638

(1) Order, in writing, the manufacturer to eliminate,	639
correct, or otherwise remedy the nonconformities within a	640
specified period of time;	641

(2) Order, in writing, the manufacturer to immediately cease	642
its operations, if a fire or explosion hazard exists that	643
reasonably can be regarded as posing an imminent danger of death	644
or serious physical harm to persons. The order shall be effective	645
until the nonconformities are eliminated, corrected, or otherwise	646
remedied or for a period of seventy-two hours from the time of	647
issuance, whichever first occurs. During the seventy-two hour	648
period, the fire marshal may obtain from the court of common pleas	649
of Franklin county or of the county in which the fireworks plant	650
is located an injunction restraining the manufacturer from	651
continuing its operations after the seventy-two hour period	652
expires until the nonconformities are eliminated, corrected, or	653
otherwise remedied.	654

(3) Revoke or deny renewal of the license of the	655
manufacturer pursuant toin accordance with Chapter 119. of the	656
Revised Code;	657

(4) Take action as authorized by section 3743.68 of the	658
Revised Code.	659

(C) This section does not affect the authority conferred by	660
Chapters 3781. and 3791. of the Revised Code to conduct	661
inspections to determine conformity with those chapters or the	662
rules adopted pursuant to them.	663

(D) If the license of a manufacturer of fireworks is revoked	664
or renewal is denied pursuant to division (B)(3) of this section	665
or section 3743.70 of the Revised Code, the manufacturer shall	666
cease its operations immediately. The manufacturer may not	667
reapply for licensure as a manufacturer of fireworks until two	668
years expire from the date of revocation.	669

The fire marshal shall remove from the list of licensed	670
manufacturers the name of a manufacturer whose license has been	671
revoked, and shall notify the law enforcement authorities for the	672
political subdivision in which the manufacturer's fireworks plant	673
is located, of the revocation or denial of renewal.	674

Sec. 3743.15.  (A) Except as provided in division (C) of	675
this section, any person who wishes to be a wholesaler of	676
fireworks in this state shall submit to the fire marshal an	677
application for licensure as a wholesaler of fireworks before the	678
first day of DecemberOctober of each year. The application shall	679
be submitted prior to commencement of business operations, shall	680
be on a form prescribed by the fire marshal, shall contain all	681
information requested by the fire marshal, and shall be	682
accompanied by the license fee,fingerprints, and bond, letter of	683
credit, certificate of deposit, or proof of insurance coverage	684
described in division (B) of this section.	685

The fire marshal shall prescribe a form for applications for	686
licensure as a wholesaler of fireworks and make a copy of the form	687
available, upon request, to persons who seek that licensure.	688

(B) An applicant for licensure as a wholesaler of fireworks	689
shall submit with the application bothall of the following:	690

(1) A license fee of onetwo thousand fiveseven hundred	691
fifty dollars,which the fire marshal shall use to pay for	692
fireworks safety education, training programs, and inspections;	693

(2) An indemnity bond, with surety satisfactory to the fire	694
marshal, or a letter of credit or certificate of deposit, in such	695
amounts as may be determined by the fire marshal not in excess of	696
fifty thousand dollars nor less than twenty thousand dollars,	697
conditioned for the payment of all final judgments that may be	698
rendered against the wholesaler on account of an explosion at its	699
business location, or proof of insurance coverage of at least five	700
hundred thousand dollars for liability arising from an explosion	701
at its business locationProof of comprehensive general liability	702
insurance coverage, specifically including fire and smoke casualty	703
on premises, in an amount not less than one million dollars for	704
each occurrence for bodily injury liability and wrongful death	705
liability at its business location. Proof of such insurance	706
coverage shall be submitted together with proof of coverage for	707
products liability on all inventory located at the business	708
location. All applicants shall submit evidence of comprehensive	709
general liability insurance coverage verified by the insurer and	710
certified as to its provision of the minimum coverage required	711
under this division.	712

(3) One complete set of the applicant's fingerprints and a	713
complete set of fingerprints of any individual holding, owning, or	714
controlling a five per cent or greater beneficial or equity	715
interest in the applicant for the license.	716

(C) A licensed manufacturer of fireworks is not required to	717
apply for and obtain a wholesaler of fireworks license in order to	718
engage in the wholesale sale of fireworks as authorized by	719
division (C)(2) of section 3743.04 of the Revised Code. A	720
business which is not a licensed manufacturer of fireworks may	721
engage in the wholesale and retail sale of fireworks in the same	722
manner as a licensed manufacturer of fireworks is authorized to do	723
under this chapter without the necessity of applying for and	724
obtaining a license pursuant to this section, but only if the	725
business sells the fireworks on the premises of a fireworks plant	726
covered by a license issued under section 3743.03 of the Revised	727
Code and the holder of that license owns at least a majority	728
interest in that business. However, if a licensed manufacturer of	729
fireworks wishes to engage in the wholesale sale of fireworks in	730
this state at a location other than the premises of the fireworks	731
plant described in its application for licensure as a manufacturer	732
or in a notification submitted under division (B) of section	733
3743.04 of the Revised Code, the manufacturer shall first apply	734
for and obtain a wholesaler of fireworks license before engaging	735
in wholesale sales of fireworks at the other location.	736

(D) A separate application for licensure as a wholesaler of	737
fireworks shall be submitted for each location at which a person	738
wishes to engage in wholesale sales of fireworks.	739

Sec. 3743.16.  (A) If a person submits an application for	740
licensure as a wholesaler of fireworks, together with the license	741
fee,fingerprints, and bond, letter of credit, certificate of	742
deposit, or proof of the insurance coverage, as required by	743
section 3743.15 of the Revised Code, the fire marshal shall review	744
the application and accompanying matter, request the criminal	745
records check described in division (D) of this section, inspect	746
the premises on which the fireworks would be sold, and determine	747
whether the applicant will be issued the license. In determining	748
whether to issue the license, the fire marshal shall consider the	749
results of the criminal records check and the inspection, and the	750
information set forth in the application, and shall decide whether	751
the applicant and the premises on which the fireworks will be sold	752
conform to sections 3743.15 to 3743.21 of the Revised Code and the	753
rules adopted by the fire marshal pursuant to section 3743.18 of	754
the Revised Code,and are in full compliance with Chapters 3781.	755
and 3791. of the Revised Code, and any applicable building or	756
zoning regulations.	757

(B) TheSubject to section 3743.70 of the Revised Code, the	758
fire marshal shall issue a license pursuant toin accordance with	759
Chapter 119. of the Revised Code to the applicant for licensure as	760
a wholesaler of fireworks only if the applicant and the premises	761
on which the fireworks will be sold conform to sections 3743.15 to	762
3743.21 of the Revised Code and the rules adopted by the fire	763
marshal pursuant to section 3743.18 of the Revised Code, only if	764
the premises on which the fireworks will be sold complies with the	765
Ohio building code adopted under Chapter 3781. of the Revised	766
Code, if that premises was constructed after May 30, 1986, and	767
only if the fire marshal is satisfied that the application and	768
accompanying matter are complete and in conformity with section	769
3743.15 of the Revised Code. The requirements of this chapter and	770
of the rules adopted under this chapter as applicable to the	771
structure of a building do not apply to a building used by a	772
wholesaler if the building was inspected and approved by the	773
department of industrial relations or by any building department	774
certified pursuant to division (E) of section 3781.10 of the	775
Revised Code prior to May 30, 1986.	776

(C) Each license issued pursuant to this section shall	777
contain a distinct number assigned to the particular wholesaler.	778
The fire marshal shall maintain a list of all licensed wholesalers	779
of fireworks. In this list next to each wholesaler's name, the	780
fire marshal shall insert the period of licensure and the license	781
number of the particular wholesaler.	782

(D)Upon receipt of an application and the required	783
accompanying matter under section 3743.15 of the Revised Code, the	784
fire marshal shall forward to the superintendent of the bureau of	785
criminal identification and investigation a request that the	786
bureau conduct an investigation of the applicant and, if	787
applicable, additional individuals who hold, own, or control a	788
five per cent or greater beneficial or equity interest in the	789
applicant, to determine whether the applicant or the additional	790
associated individuals have been convicted of or pled guilty to a	791
felony under the laws of this state, another state, or the United	792
States.	793

If the applicant for initial licensure has resided in this	794
state for less than five continuous years immediately prior to the	795
date the applicant submits an initial application, the	796
superintendent also shall request that the federal bureau of	797
investigation conduct an investigation of the applicant and, if	798
applicable, additional individuals who hold, own, or control a	799
five per cent or greater beneficial or equity interest in the	800
applicant, to determine whether the applicant or the additional	801
associated individuals have been convicted of or pled guilty to a	802
felony under the laws of this state, another state, or the United	803
States.	804

The superintendent shall forward the results of an	805
investigation conducted pursuant to this division to the fire	806
marshal and may charge a reasonable fee for providing the results.	807
The fire marshal shall assess any fee charged by the	808
superintendent for the results to the applicant.	809

Sec. 3743.17.  (A) The license of a wholesaler of fireworks	810
is effective for one year beginning on the first day of December.	811
The fire marshal shall issue or renew a license only on that date	812
and at no other time. If a wholesaler of fireworks wishes to	813
continue engaging in the wholesale sale of fireworks at the	814
particular location after its then effective license expires, it	815
shall apply not later than the first day of October for a new	816
license pursuant to section 3743.15 of the Revised Code. The fire	817
marshal shall send a written notice of the expiration of its	818
license to a licensed wholesaler at least twothree months before	819
the expiration date.	820

(B) If, during the effective period of its licensure, a	821
licensed wholesaler of fireworks wishes to perform any	822
construction, or make any structural change or renovation, on the	823
premises on which the fireworks are sold, the wholesaler shall	824
notify the fire marshal in writing. The fire marshal may require	825
a licensed wholesaler also to submit documentation, including, but	826
not limited to, plans covering the proposed construction or	827
structural change or renovation, if the fire marshal determines	828
the documentation is necessary for evaluation purposes in light of	829
the proposed construction or structural change or renovation.	830

Upon receipt of the notification and additional documentation	831
required by the fire marshal, the fire marshal shall inspect the	832
premises on which the fireworks are sold to determine if the	833
proposed construction or structural change or renovation conforms	834
to sections 3743.15 to 3743.21 of the Revised Code and the rules	835
adopted by the fire marshal pursuant to section 3743.18 of the	836
Revised Code. The fire marshal shall issue a written	837
authorization to the wholesaler for the construction or structural	838
change or renovation if hethe fire marshal determines, upon the	839
inspection and a review of submitted documentation, that the	840
construction or structural change or renovation conforms to those	841
sections and rules.	842

(C) The license of a wholesaler of fireworks authorizes the	843
wholesaler to engage only in the following activities:	844

(1) Possess for sale at wholesale and sell at wholesale	845
fireworks to persons who are licensed wholesalers of fireworks, to	846
out-of-state residents in accordance with section 3743.44 of the	847
Revised Code, to residents of this state in accordance with	848
section 3743.45 of the Revised Code, or to persons located in	849
another state provided the fireworks are shipped directly out of	850
this state to them by the wholesaler. The possession for sale	851
shall be at the location described in the application for	852
licensure or in the notification submitted under division (B) of	853
this section, and the sale shall be from that locationthe inside	854
of a licensed building and from no structure or device outside a	855
licensed building. At no time shall a licensed wholesaler sell	856
any class of fireworks outside a licensed building.	857

(2) Possess for sale at retail and sell at retail fireworks,	858
other than Class C1.4G fireworks as designated by the fire	859
marshal in rules adopted pursuant to division (A) of section	860
3743.05 of the Revised Code, to licensed exhibitors in accordance	861
with sections 3743.50 to 3743.55 of the Revised Code, and possess	862
for sale at retail and sell at retail fireworks, including such	863
Class C1.4G fireworks, to out-of-state residents in accordance	864
with section 3743.44 of the Revised Code, to residents of this	865
state in accordance with section 3743.45 of the Revised Code, or	866
to persons located in another state provided the fireworks are	867
shipped directly out of this state to them by the wholesaler. The	868
possession for sale shall be at the location described in the	869
application for licensure or in the notification submitted under	870
division (B) of this section, and the sale shall be from that	871
locationthe inside of the licensed building and from no other	872
structure or device outside this licensed building. At no time	873
shall a licensed wholesaler sell any class of fireworks outside a	874
licensed building.	875

A licensed wholesaler of fireworks shall sell under division	876
(C) of this section only fireworks that meet the standards set by	877
the consumer product safety commission or by the American	878
fireworks standard laboratories or that have received an EX number	879
from the United States department of transportation.	880

(D)(1) The license of a wholesaler of fireworks shall be	881
protected under glass and posted in a conspicuous place at the	882
location described in the application for licensure or in the	883
notification submitted under division (B) of this section. Except	884
as otherwise provided in this division, the license is not	885
transferable or assignable. A license may be transferred to	886
another person for the same location for which the license was	887
issued if the assets of the wholesaler are transferred to that	888
person by inheritance or by a sale approved by the fire marshal.	889
The license is subject to revocation in accordance with section	890
3743.21 of the Revised Code.	891

(2)Upon application by a licensed wholesaler of fireworks, a	892
wholesaler license may be transferred from one geographic location	893
to another within the same municipal corporation or within the	894
unincorporated area of the same township, but only if all of the	895
following apply:	896

(a) The identity of the holder of the license remains the	897
same in the new location.	898

(b) The former location is closed prior to the opening of	899
the new location and no fireworks business of any kind is	900
conducted at the former location after the transfer of the	901
license.	902

(c) The new location has received a local certificate of	903
zoning compliance and a local certificate of occupancy, and	904
otherwise is in compliance with all local building regulations.	905

(d) The transfer of the license is requested by the licensee	906
because the existing facility poses an immediate hazard to the	907
public.	908

(e) Any building at the new location is situated no closer	909
than one thousand feet to any property line or structure that does	910
not belong to the licensee requesting the transfer, no closer than	911
three hundred feet to any highway or railroad, no closer than one	912
hundred feet to any building used for the storage of explosives or	913
fireworks by the licensee, no closer than fifty feet to any	914
factory building owned or used by the licensee, and no closer than	915
two thousand feet to any building used for the sale, storage, or	916
manufacturing of fireworks that does not belong to the licensee.	917
If the licensee fails to comply with the requirements of division	918
(D)(2)(e) of this section by the licensee's own act, the license	919
at the new location is forfeited.	920

(f) Neither the licensee nor any person holding, owning, or	921
controlling a five per cent or greater beneficial or equity	922
interest in the licensee has been convicted of or has pleaded	923
guilty to a felony under the laws of this state, any other state,	924
or the United States after the effective date of this amendment.	925

(g) The fire marshal approves the request for the transfer.

926

The new location shall comply with the requirements specified	927
in divisions (A)(1) and (2) of section 3743.25 of the Revised Code	928
whether or not the fireworks showroom at the new location is	929
constructed, expanded, or first begins operating on and after the	930
effective date of this amendment.	931

(E) The fire marshal shall not place the license of a	932
wholesaler of fireworks in temporarily inactive status while the	933
holder of the license is attempting to qualify to retain the	934
license.	935

(F) Each licensed wholesaler of fireworks or a designee of	936
the wholesaler, whose identity is provided to the fire marshal by	937
the wholesaler, annually shall attend a continuing education	938
program consisting of not less than eight hours of instruction.	939
The fire marshal shall develop the program and the fire marshal or	940
a person or public agency approved by the fire marshal shall	941
conduct it. A licensed wholesaler or the wholesaler's designee	942
who attends a program as required under this division, within one	943
year after attending the program, shall conduct in-service	944
training for other employees of the licensed wholesaler regarding	945
the information obtained in the program. A licensed wholesaler	946
shall provide the fire marshal with notice of the date, time, and	947
place of all in-service training not less than thirty days prior	948
to an in-service training event.	949

(G) A licensed wholesaler shall maintain comprehensive	950
general liability insurance coverage in the amount and type	951
specified under division (B)(2) of section 3743.15 of the Revised	952
Code at all times. Each policy of insurance required under this	953
division shall contain a provision requiring the insurer to give	954
not less than fifteen days' prior written notice to the fire	955
marshal before termination, lapse, or cancellation of the policy,	956
or any change in the policy that reduces the coverage below the	957
minimum required under this division. Prior to canceling or	958
reducing the amount of coverage of any comprehensive general	959
liability insurance coverage required under this division, a	960
licensed wholesaler shall secure supplemental insurance in an	961
amount and type that satisfies the requirements of this division	962
so that no lapse in coverage occurs at any time. A licensed	963
wholesaler who secures supplemental insurance shall file evidence	964
of the supplemental insurance with the fire marshal prior to	965
canceling or reducing the amount of coverage of any comprehensive	966
general liability insurance coverage required under this division.	967

Sec. 3743.18.  The fire marshal shall adopt rules pursuant to	968
Chapter 119. of the Revised Code governing the storage of	969
fireworks by and the business operations of licensed wholesalers	970
of fireworks. These rules shall be designed to promote the safety	971
and security of employees of wholesalers, members of the public,	972
and the premises upon which fireworks are sold.	973

The rules shall be consistent with sections 3743.15 to	974
3743.21 of the Revised Code, shall be limitedsubstantially	975
equivalent to the most recent versions of chapters 1123, 1124, and	976
1126 of the most recent national fire protection association	977
standards, and shall apply to, but not be limited to, the	978
following subject matters:	979

(A) Cleanliness and orderliness in, the heating, lighting,	980
and use of stoves and flame-producing items in, smoking in, the	981
prevention of fire and explosion in, the availability of fire	982
extinguishers or other fire-fighting equipment and their use in,	983
and emergency procedures relative to the buildings and other	984
structures on a wholesaler's premises.	985

(B) Appropriate uniforms to be worn by employees of	986
wholesalers in the course of handling and storing of fireworks,	987
and the use of protective clothing and equipment by the employees.	988

(C) The manner in which fireworks are to be stored.

989

Sec. 3743.19.  In addition to conforming to the rules of the	990
fire marshal adopted pursuant to section 3743.18 of the Revised	991
Code, licensed wholesalers of fireworks shall conduct their	992
business operations in accordance with the following:	993

(A) A wholesaler shall conduct its business operations from	994
the location described in its application for licensure or in a	995
notification submitted under division (B) of section 3743.17 of	996
the Revised Code.	997

(B) Signs indicating that smoking is generally forbidden and	998
trespassing is prohibited on the premises of a wholesaler shall be	999
posted on the premises as determined by the fire marshal.	1000

(C) Reasonable precautions shall be taken to protect the	1001
premises of a wholesaler from trespass, loss, theft, or	1002
destruction.	1003

(D) Smoking or the carrying of lighted pipes, cigarettes, or	1004
cigars, matches, lighters, other flame-producing items, or open	1005
flame on,or the carrying of a concealed source of ignition into,	1006
the premises of a wholesaler is prohibited, except that a	1007
wholesaler may permit smoking in specified lunchrooms or restrooms	1008
in buildings or other structures in which no sales, handling, or	1009
storage of fireworks takes place. "NO SMOKING" signs shall be	1010
posted on the premises as required by the fire marshal.	1011

(E) Fire and explosion prevention and other reasonable	1012
safety measures and precautions shall be implemented by a	1013
wholesaler.	1014

(F) Persons shall not be permitted to have in their	1015
possession or under their control, while they are on the premises	1016
of a wholesaler, any intoxicating liquor, beer, or controlled	1017
substance, and they shall not be permitted to enter or remain on	1018
the premises if they are found to be under the influence of any	1019
intoxicating liquor, beer, or controlled substance.	1020

(G) A wholesaler shall conform to all building, safety, and	1021
zoning statutes, ordinances, rules, or other enactments that apply	1022
to its premises.	1023

(H) No building used in the storage or sale of fireworks	1024
shall be situated nearer than one thousand feet to any structure	1025
that is not located on the property of and that does not belong to	1026
the licensed fireworks wholesaler, nearer than three hundred feet	1027
to any highway or railroad, or nearer than one hundred feet to any	1028
building used for the storage of explosives or fireworks. This	1029
division does not apply to buildings that were erected on or	1030
before May 30, 1986, and that were legally being used for	1031
fireworks activities under authority of a valid license issued by	1032
the fire marshal as of December 1, 1990, pursuant to sections	1033
3743.16 and 3743.17 of the Revised Code.	1034

(I) Each building used in the storage or sale of fireworks	1035
shall be kept open to the public for at least four hours each day	1036
between the hours of eight a.m. and five p.m., five days of each	1037
week, every week of the year. Upon application from a licensed	1038
wholesaler, the fire marshal may waive any of the requirements of	1039
this division.	1040

(J)Awnings, tents, or canopies shall not be used as	1041
facilities for the storage or sale of fireworks. This division	1042
does not prohibit the use of an awning or canopy attached to a	1043
public access showroom for storing nonflammable shopping	1044
convenience items such as shopping carts or baskets or providing a	1045
shaded area for patrons waiting to enter the public sales area.	1046

(K) Fireworks may be stored in trailers if the trailers are	1047
properly enclosed, secured, and grounded and are separated from	1048
any structure to which the public is admitted by a distance that	1049
will, in the fire marshal's judgment, allow fire-fighting	1050
equipment to have full access to the structures on the licensed	1051
premises. Such trailers may be moved into closer proximity to any	1052
structure only to accept or discharge cargo for a period not to	1053
exceed forty-eight hours. Only two such trailers may be placed in	1054
such closer proximity at any one time. At no time may trailers be	1055
used for conducting sales of any class of fireworks nor may	1056
members of the public have access to the trailers.	1057

Storage areas for fireworks that are in the same building	1058
where fireworks are displayed and sold to the public shall be	1059
separated from the areas to which the public has access by an	1060
appropriately rated fire wall.	1061

(L) A fire suppression system as defined in section	1062
3781.108 of the Revised Code may be turned off only for repair,	1063
drainage of the system to prevent damage by freezing during the	1064
period of time, approved by the fire marshal under division (I) of	1065
this section, that the facility is closed to public access during	1066
winter months, or maintenance of the system. If any repair or	1067
maintenance is necessary during times when the facility is open	1068
for public access and business, the licensed wholesaler shall	1069
notify in advance the appropriate insurance company and fire chief	1070
or fire prevention officer regarding the nature of the maintenance	1071
or repair and the time when it will be performed.	1072

(M) If any fireworks item is removed from its original	1073
package or is manufactured with any fuse other than a fuse	1074
approved by the consumer product safety commission, then the item	1075
shall be covered completely by repackaging or bagging or it shall	1076
otherwise be covered so as to prevent ignition prior to sale.	1077

(N) A safety officer shall be present during regular	1078
business hours at a building open to the public during the period	1079
commencing fourteen days before, and ending two days after, each	1080
fourth day of July. The officer shall be highly visible, enforce	1081
this chapter and any applicable building codes to the extent the	1082
officer is authorized by law, and be one of the following:	1083

(1) A deputy sheriff;

1084

(2) A law enforcement officer of a municipal corporation,	1085
township, or township or joint township police district;	1086

(3) A private uniformed security guard registered under	1087
section 4749.06 of the Revised Code.	1088

(O) All doors of all buildings on the licensed premises	1089
shall swing outward.	1090

(P) All wholesale and commercial sales of fireworks shall	1091
be packaged, shipped, placarded, and transported in accordance	1092
with United States department of transportation regulations	1093
applicable to the transportation, and the offering for	1094
transportation, of hazardous materials. For purposes of this	1095
division, "wholesale and commercial sales" includes all sales for	1096
resale and any nonretail sale made in furtherance of a commercial	1097
enterprise. For purposes of enforcement of these regulations under	1098
section 4905.83 of the Revised Code, any sales transaction	1099
exceeding one thousand pounds shall be rebuttably presumed to be a	1100
wholesale or commercial sale.	1101

Sec. 3743.20.  (A) Licensed wholesalers of fireworks shall	1102
keep complete records of all fireworks in their inventory.	1103

(B) Licensed wholesalers of fireworks shall keep the	1104
following records with respect to fireworks sold at wholesale or	1105
retail for a period of three years after the date of their sale:	1106

(1) In the case of a wholesale sale, the name and address of	1107
the purchaser; the destination to which the fireworks will be	1108
transported; if applicable, the number of the purchaser's	1109
wholesale license; the date of the purchase; when the fireworks	1110
are to be shipped directly out of this state by a wholesaler to a	1111
purchaser, the manner in which the fireworks were shipped to the	1112
purchaser; and such other information as the fire marshal may	1113
require;	1114

(2) In the case of a retail sale, the name and address of	1115
the purchaser; the destination to which the fireworks will be	1116
transported; if applicable, the number of the purchaser's	1117
exhibitor's license and the number and political subdivision	1118
designation of the purchaser's permit for a fireworks exhibition;	1119
the date of purchase; when the fireworks are shipped directly out	1120
of this state by a wholesaler to a purchaser, the manner in which	1121
the fireworks were shipped to the purchaser; and such other	1122
information as the fire marshal may require.	1123

(C) The seller shall require each purchaser described in	1124
division (B) of this section to complete a purchaser's form, which	1125
shall be furnishedprescribed by the fire marshal and furnished by	1126
the seller. On this form the purchaser shall include the	1127
information described in division (B) of this section and the	1128
purchaser's signature. Each purchaser's form shall contain a	1129
statement printed in bold letters indicating that knowingly making	1130
a false statement on the form is falsification under section	1131
2921.13 of the Revised Code and is a misdemeanor of the first	1132
degree. Each seller shall keep each purchaser's form for a period	1133
of three years after the date of the purchase, and such forms	1134
shall be open to inspection by the fire marshal or the fire	1135
marshal's designated authority.	1136

(D) A licensed wholesaler of fireworks shall keep its	1137
wholesale sale and retail sale records in separate books. These	1138
records and the inventory records shall be open to inspection by	1139
the fire marshal or the fire marshal's designated authority.	1140

Sec. 3743.21.  (A) The fire marshal may inspect the	1141
premises, and the inventory, wholesale sale, and retail sale	1142
records, of a licensed wholesaler of fireworks during the	1143
wholesaler's period of licensure to determine whether the	1144
wholesaler is in compliance with sections 3743.15 to 3743.21	1145
Chapter3743. of the Revised Code and the rules adopted by the	1146
fire marshal pursuant to section 3743.18 of the Revised Code.	1147

(B) If the fire marshal determines during an inspection	1148
conducted pursuant to division (A) of this section that a	1149
wholesaler is not in compliance with sections 3743.15 to 3743.21	1150
Chapter3743. of the Revised Code or the rules adopted by the fire	1151
marshal pursuant to section 3743.18 of the Revised Code, hethe	1152
fire marshal may take one or more of the following actions,	1153
whichever hethe fire marshal considers appropriate under the	1154
circumstances:	1155

(1) Order, in writing, the wholesaler to eliminate, correct,	1156
or otherwise remedy the nonconformities within a specified period	1157
of time;	1158

(2) Order, in writing, the wholesaler to immediately cease	1159
its operations, if a fire or explosion hazard exists that	1160
reasonably can be regarded as posing an imminent danger of death	1161
or serious physical harm to persons. The order shall be effective	1162
until the nonconformities are eliminated, corrected, or otherwise	1163
remedied or for a period of seventy-two hours from the time of	1164
issuance, whichever first occurs. During the seventy-two hour	1165
period, the fire marshal may obtain from the court of common pleas	1166
of Franklin county or of the county in which the premises of the	1167
wholesaler are located an injunction restraining the wholesaler	1168
from continuing its operations after the seventy-two hour period	1169
expires until the nonconformities are eliminated, corrected, or	1170
otherwise remedied.	1171

(3) Revoke,or deny renewal of, the license of the	1172
wholesaler pursuant toin accordance with Chapter 119. of the	1173
Revised Code;	1174

(4) Take action as authorized by section 3743.68 of the	1175
Revised Code.	1176

(C) This section does not affect the authority conferred by	1177
Chapters 3781. and 3791. of the Revised Code to conduct	1178
inspections to determine conformity with those chapters or the	1179
rules adopted pursuant to them.	1180

(D) If the license of a wholesaler of fireworks is revoked	1181
or renewal is denied pursuant to division (B)(3) of this section	1182
or section 3743.70 of the Revised Code, the wholesaler shall cease	1183
its operations immediately. The wholesaler may not reapply for	1184
licensure as a wholesaler of fireworks until two years expire from	1185
the date of revocation.	1186

The fire marshal shall remove from the list of licensed	1187
wholesalers the name of a wholesaler whose license has been	1188
revoked or renewal denied, and shall notify the law enforcement	1189
authorities for the political subdivision in which the	1190
wholesaler's premises are located, of the revocation or denial of	1191
renewal.	1192

Sec. 3743.25.  (A) A licensed manufacturer, wholesaler, or	1193
exhibitor shall bring fireworks showroom structures, to which the	1194
public may have any access and in which employees are required to	1195
work, on all licensed premises, into compliance with the following	1196
safety requirements:	1197

(1) A fireworks showroom that is constructed or upon which	1198
expansion is undertaken on and after the effective date of this	1199
section, shall be equipped with interlinked fire detection, fire	1200
suppression, smoke exhaust, and smoke evacuation systems that are	1201
approved by the superintendent of the division of industrial	1202
compliance in the department of commerce.	1203

(2) A fireworks showroom that first begins to operate on or	1204
after the effective date of this section and to which the public	1205
has access for retail purposes shall not exceed five thousand	1206
square feet in floor area.	1207

(3) A fireworks showroom structure that exists on the	1208
effective date of this section but that, on or after the effective	1209
date of this section, is altered or added to in a manner requiring	1210
the submission of plans, drawings, specifications, or data	1211
pursuant to section 3791.04 of the Revised Code, shall comply with	1212
a graphic floor plan layout that is approved by the fire marshal	1213
and superintendent of the division of industrial compliance	1214
showing width of aisles, parallel arrangement of aisles to exits,	1215
number of exits per wall, maximum occupancy load, evacuation plan	1216
for occupants, height of storage or display of merchandise, and	1217
other information as may be required by the fire marshal and	1218
superintendent.	1219

(4)(a) Except as provided in division(A)(4)(b) of this	1220
section, a fireworks showroom structure that exists on the	1221
effective date of this section shall be retrofitted on or before	1222
June 1, 1998, with interlinked fire detection, smoke exhaust, and	1223
smoke evacuation systems that are approved by the superintendent	1224
of the division of industrial compliance.	1225

(b) If meeting the retrofitting requirements set forth in	1226
division(A)(4)(a) of this section would constitute an extreme	1227
financial hardship that would force a licensee to terminate	1228
business operations, the licensee shall conduct sales only on the	1229
basis of de-fused representative samples in closed and covered	1230
displays within the fireworks showroom.	1231

(5) A fireworks showroom structure that exists on the	1232
effective date of this section shall be in compliance on or before	1233
June 1, 1998, with floor plans showing occupancy load limits and	1234
internal circulation and egress patterns that are approved by the	1235
fire marshal and superintendent of industrial compliance, and that	1236
are submitted under seal as required by section 3791.04 of the	1237
Revised Code.	1238

(B) The safety requirements established in division (A) of	1239
this section are not subject to any variance, waiver, or exclusion	1240
pursuant to this chapter or any applicable building code.	1241

Sec. 3743.40.  (A) Any person who resides in another state	1242
and who intends to ship fireworks into this state shall submit to	1243
the fire marshal an application for a shipping permit. As used in	1244
this section, "fireworks" includes only class B1.3G and class C	1245
1.4G fireworks. The application shall be submitted prior to	1246
shipping fireworks into this state, shall be on a form prescribed	1247
by the fire marshal, shall contain the information required by	1248
division (B) of this section and all information requested by the	1249
fire marshal, and shall be accompanied by the fee and the	1250
documentation described in division (C) of this section.	1251

The fire marshal shall prescribe a form for applications for	1252
shipping permits and make a copy of the form available, upon	1253
request, to persons who seek such a permit.	1254

(B) In an application for a shipping permit, the applicant	1255
shall specify the types of fireworks to be shipped into this	1256
state.	1257

(C) An application for a shipping permit shall be	1258
accompanied by a fee of onetwo thousand fiveseven hundred fifty	1259
dollars.	1260

An application for a shipping permit shall be accompanied by	1261
a certified copy of the applicant's license or permit issued in	1262
histhe applicant's state of residence and authorizing himthe	1263
applicant to engage in the manufacture, wholesale sale, or	1264
transportation of fireworks in that state, if that state issues	1265
such a license or permit, and by a statement by the applicant that	1266
hethe applicant understands and will abide by rules adopted by	1267
the fire marshal pursuant to section 3743.58 of the Revised Code	1268
for transporting fireworks.	1269

(D) Except as otherwise provided in this division, and	1270
subject to section 3743.70 of the Revised Code, the fire marshal	1271
shall issue a shipping permit to an applicant only if the fire	1272
marshal determines that the applicant is a resident of another	1273
state and is the holder of a license or permit issued by that	1274
state authorizing it to engage in the manufacture, wholesale sale,	1275
or transportation of fireworks in that state, and the fire marshal	1276
is satisfied that the application and documentation are complete	1277
and in conformity with this section and that the applicant will	1278
transport fireworks into this state in accordance with rules	1279
adopted by the fire marshal pursuant to section 3743.58 of the	1280
Revised Code. The fire marshal shall issue a shipping permit to	1281
an applicant if the applicant meets all of the requirements of	1282
this section for the issuance of a shipping permit except that the	1283
applicant does not hold a license or permit issued by the state of	1284
residence authorizing the applicant to engage in the manufacture,	1285
wholesale sale, or transportation of fireworks in that state	1286
because that state does not issue such a license or permit.	1287

(E) Each permit issued pursuant to this section shall	1288
contain a distinct number assigned to the particular permit	1289
holder, and contain the information described in division (B) of	1290
this section.	1291

The fire marshal shall maintain a list of all persons issued	1292
shipping permits. In this list next to each person's name, the	1293
fire marshal shall insert the date upon which the permit was	1294
issued and the information described in division (B) of this	1295
section.	1296

(F) A shipping permit is valid for one year from the date	1297
of issuance by the fire marshal and only if the permit holder	1298
ships the fireworks directly into this state to the holder of a	1299
license issued under section 3743.03 or 3743.16 of the Revised	1300
Code. The permit authorizes the permit holder to ship fireworks	1301
directly to the holder of a license issued under section 3743.03	1302
or 3743.16 of the Revised Code, and to possess the fireworks in	1303
this state while the permit holder is in the course of shipping	1304
them directly into this state.	1305

The holder of a shipping permit shall have the permit in his	1306
the holder's possession in this state at all times while in the	1307
course of shipping the fireworks directly into this state. A	1308
shipping permit is not transferable or assignable.	1309

Sec. 3743.44.  (A) Any person who resides in another state	1310
and who intends to obtain possession in this state of fireworks	1311
purchased in this state shall obtain possession of the fireworks	1312
only from a licensed manufacturer or licensed wholesaler and only	1313
possess the fireworks in this state while in the course of	1314
directly transporting them out of this state. No licensed	1315
manufacturer or licensed wholesaler shall sell Class B1.3G	1316
fireworks to a person who resides in another state unless that	1317
person has been issued a license or permit in the state of the	1318
person's residence that authorizes the person to engage in the	1319
manufacture, wholesale sale, or retail sale of Class B1.3G	1320
fireworks or that authorizes the person to conduct Class B1.3G	1321
fireworks exhibitions in that state and that person presents a	1322
certified copy of the license. No licensed manufacturer or	1323
licensed wholesaler shall sell fireworks to a person who resides	1324
in another state unless that person has been issued a license or	1325
permit in the state of the person's residence that authorizes the	1326
person to engage in the manufacture, wholesale sale, or retail	1327
sale of fireworks in that state or that authorizes the person to	1328
conduct fireworks exhibitions in that state and that person	1329
presents a certified copy of the license, or, if that person does	1330
not possess a license or permit of that nature, only if the person	1331
presents a current valid motor vehicle operator's license issued	1332
to the person in the person's state of residence, or, if that	1333
person does not possess a motor vehicle operator's license issued	1334
in that state, an identification card issued to the person by a	1335
governmental agency in the person's state of residence indicating	1336
that the person is a resident of that state. If a person who is	1337
required to present a motor vehicle operator's license or other	1338
identification card intends to transport the fireworks purchased	1339
directly out of this state by a motor vehicle and the person will	1340
not also be the operator of that motor vehicle while so	1341
transporting the fireworks, the operator of the motor vehicle also	1342
shall present the operator's motor vehicle operator's license.	1343

(B) A licensed manufacturer or licensed wholesaler selling	1344
fireworks under this section shall require the purchaser to	1345
complete a purchaser's form. The state fire marshal shall	1346
prescribe the form, and the licensed manufacturer or licensed	1347
wholesaler shall furnish the form. On this form the purchaser	1348
shall include the purchaser's name and address; the date of the	1349
purchase; the destination to which the fireworks will be	1350
transported; the number of the purchaser's license or permit	1351
authorizing the purchaser to manufacture, sell at wholesale, or	1352
sell at retail fireworks or to conduct fireworks exhibitions, or	1353
the number of the purchaser's motor vehicle operator's license or	1354
other identification card, as applicable; such other information	1355
as the fire marshal may require; and the purchaser's signature.	1356
Each purchaser's form shall contain a statement printed in bold	1357
letters indicating that knowingly making a false statement on the	1358
form is falsification under section 2921.13 of the Revised Code	1359
and is a misdemeanor of the first degree.	1360

Each licensed manufacturer and licensed wholesaler shall keep	1361
each purchaser's form for a period of three years after the date	1362
of the purchase, and such forms shall be open to inspection by the	1363
fire marshal or the fire marshal's designated authority.	1364

(C) Each purchaser of fireworks under this section shall	1365
transport the fireworks so purchased directly out of this state	1366
within seventy-two hours after the time of their purchase.	1367

This section regulates wholesale sales and retail sales of	1368
fireworks in this state only insofar as purchasers of fireworks	1369
are residents of other states and will be obtaining possession in	1370
this state of purchased fireworks. This section does not prohibit	1371
licensed manufacturers or wholesalers from selling fireworks, in	1372
accordance with section 3743.04 or 3743.17 of the Revised Code, to	1373
a resident of another state and from shipping the purchased	1374
fireworks directly out of this state to the purchaser.	1375

Sec. 3743.45.  (A) Any person who resides in this state and	1376
who intends to obtain possession in this state of Class C1.4G	1377
fireworks purchased in this state shall obtain possession of the	1378
Class C1.4G fireworks only from a licensed manufacturer or	1379
licensed wholesaler.	1380

A licensed manufacturer or licensed wholesaler selling Class	1381
C1.4G fireworks under this division shall require the purchaser	1382
to complete a purchaser's form, which shall be furnished	1383
prescribed by the state fire marshal and furnished by the licensed	1384
manufacturer or licensed wholesaler. On this form the purchaser	1385
shall include the purchaser's name and address;, the date of the	1386
purchase;, the destination to which the fireworks will be	1387
transported;, such other information as the fire marshal may	1388
require;, and the purchaser's signature. Each purchaser's form	1389
shall contain a statement printed in bold letters indicating that	1390
knowingly making a false statement on the form is falsification	1391
under section 2921.13 of the Revised Code and is a misdemeanor of	1392
the first degree.	1393

Each licensed manufacturer and licensed wholesaler shall keep	1394
each purchaser's form for a period of three years after the date	1395
of the purchase, and such forms shall be open to inspection by the	1396
fire marshal or the fire marshal's designated authority.	1397

Each purchaser of Class C1.4G fireworks under this division	1398
shall transport the fireworks so purchased directly out of this	1399
state within forty-eight hours after the time of their purchase.	1400

This division does not apply to a person who resides in this	1401
state and who is also a licensed manufacturer, licensed	1402
wholesaler, or licensed exhibitor of fireworks in this state.	1403

(B) No licensed manufacturer or licensed wholesaler shall	1404
sell Class B1.3G fireworks to a person who resides in this state	1405
unless that person is a licensed manufacturer, licensed	1406
wholesaler, or licensed exhibitor of fireworks in this state.	1407

Sec. 3743.50.  Any person who wishes to be an exhibitor of	1408
fireworks in this state shall submit to the fire marshal an	1409
application for licensure as an exhibitor of fireworks. Except as	1410
otherwise provided in this section, the application shall be on a	1411
form prescribed by the fire marshal, shall contain all information	1412
requested by the fire marshal, and shall be accompanied by a fee	1413
of one hundred fifty dollars,except that the application of an	1414
applicant who is employed by a licensed manufacturer or wholesaler	1415
of fireworks shall be accompanied by a fee of fifty dollars. The	1416
fire marshal may issue a temporary exhibitor's license to conduct	1417
a public fireworks exhibition on only one date to an otherwise	1418
qualified applicant for a fee of ten dollars. The temporary	1419
exhibitor's license authorizes the person to whom it is issued to	1420
conduct a public fireworks exhibition only on the date for which	1421
it is issued. The fire marshal shall prescribe a form for	1422
applications for licensure as an exhibitor of fireworks and make a	1423
copy of the form available, upon request, to persons who seek that	1424
licensure. An applicant for licensure as an exhibitor of fireworks	1425
shall be at least twenty-one years of age and be in compliance	1426
with Chapter 4123. of the Revised Code.	1427

Sec. 3743.51.  (A) If a person submits an application for	1428
licensure as an exhibitor of fireworks, together with the fee, as	1429
required by section 3743.50 of the Revised Code, the fire marshal	1430
shall review the application and determine whether the applicant	1431
satisfies sections 3743.50 to 3743.55 of the Revised Code and the	1432
rules adopted by the fire marshal pursuant to division (A) of	1433
section 3743.53 of the Revised Code.	1434

(B) TheSubject to section 3743.70 of the Revised Code, the	1435
fire marshal shall issue a license pursuant toin accordance with	1436
Chapter 119. of the Revised Code to the applicant for licensure as	1437
an exhibitor of fireworks only if the applicant satisfies sections	1438
3743.50 to 3743.55 of the Revised Code and the rules adopted by	1439
the fire marshal pursuant to division (A) of section 3743.53 of	1440
the Revised Code, and only if the fire marshal is satisfied that	1441
the application is complete and in conformity with section 3743.50	1442
of the Revised Code.	1443

(C) Each license issued pursuant to this section shall	1444
contain a distinct number assigned to the particular exhibitor.	1445
The fire marshal shall maintain a list of all licensed exhibitors	1446
of fireworks. In this list next to each exhibitor's name, the	1447
fire marshal shall insert the period of licensure and the license	1448
number of the particular exhibitor.	1449

Sec. 3743.52.  (A) The license of an exhibitor of fireworks,	1450
except for a temporary license, is effective for one year from the	1451
date of its issuance by the fire marshal. If an exhibitor of	1452
fireworks wishes to continue as an exhibitor after its then	1453
effective license expires, it shall apply for a new license	1454
pursuant to section 3743.50 of the Revised Code. The fire marshal	1455
shall send a written notice of the expiration of its license to a	1456
licensed exhibitor, except for a licensed exhibitor who has been	1457
issued a temporary license, at least two months before the	1458
expiration date.	1459

(B) The license of an exhibitor of fireworks authorizes the	1460
exhibitor to conduct public fireworks exhibitions in this state if	1461
it complies with sections 3743.50 to 3743.55 of the Revised Code	1462
and with the rules adopted by the fire marshal pursuant to section	1463
3743.53 of the Revised Code.	1464

The license is not transferable or assignable, and is subject	1465
to revocation as provided in section 3743.70 of the Revised Code	1466
or pursuant to Chapter 119. of the Revised Code if the exhibitor	1467
fails to comply with sections 3743.50 to 3743.55 of the Revised	1468
Code or the rules adopted by the fire marshal pursuant to section	1469
3743.53 of the Revised Code.	1470

If the license of an exhibitor is revoked, the exhibitor	1471
shall cease conducting public fireworks exhibitions immediately.	1472
The exhibitor may not reapply for licensure as an exhibitor of	1473
fireworks until two years expire from the date of revocation. The	1474
fire marshal shall remove from the list of licensed exhibitors the	1475
exhibitor's name, and shall notify fire chiefs, fire prevention	1476
officers, and police chiefs in this state of the revocation.	1477

(C)Each licensed exhibitor of fireworks or a designee of the	1478
exhibitor, whose identity is provided to the fire marshal by the	1479
exhibitor, shall attend a continuing education program consisting	1480
of not less than six hours of instruction once every three years.	1481
The fire marshal shall develop the program and the fire marshal or	1482
a person or public agency approved by the fire marshal shall	1483
conduct it. A licensed exhibitor or the exhibitor's designee who	1484
attends a program as required under this division, within one year	1485
after attending the program, and on an annual basis during the	1486
following two years, shall conduct in-service training for other	1487
employees of the licensee regarding the information obtained in	1488
the program. A licensed exhibitor shall provide the fire marshal	1489
with certified proof of full compliance with all applicable annual	1490
training requirements of the United States department of	1491
transportation and of the occupational safety and health	1492
administration. A licensed exhibitor shall provide the fire	1493
marshal with notice of the date, time, and place of all in-service	1494
training not less than thirty days prior to an in-service training	1495
event. An individual exhibitor who has no employees shall not	1496
fulfill continuing education requirements through a designee.	1497

Sec. 3743.53.  (A) The fire marshal shall adopt rules	1498
pursuant toin accordance with Chapter 119. of the Revised Code	1499
that establish qualifications that all applicants for licensure as	1500
an exhibitor of fireworks shall satisfy. These rules shall be	1501
designed to provide a reasonable degree of assurance that	1502
individuals conducting public fireworks exhibitions in this state	1503
are proficient in handling and discharging fireworks, are capable	1504
of handling the responsibilities associated with exhibitions as	1505
prescribed by rule of the fire marshal pursuant to division (B) of	1506
this section or as prescribed by sections 3743.50 to 3743.55 of	1507
the Revised Code, and will conduct fireworks exhibitions in a	1508
manner that emphasizes the safety and security of the public. The	1509
rules shall be consistent with sections 3743.50 to 3743.55 of the	1510
Revised Code and may include, in addition to other requirements	1511
prescribed by the fire marshal, a requirement that the applicant	1512
for licensure successfully complete a written examination or	1513
otherwise successfully demonstrate its proficiency in the handling	1514
and discharging of fireworks in a safe manner and its ability to	1515
handle the responsibilities associated with exhibitions.	1516

(B) The fire marshal shall adopt rules pursuant toin	1517
accordance with Chapter 119. of the Revised Code that govern the	1518
nature and conduct of public fireworks exhibitions by licensed	1519
exhibitors of fireworks. These rules shall be designed to promote	1520
the safety and security of persons viewing a fireworks exhibition,	1521
to promote the safety of persons who, although not viewing an	1522
exhibition, could be affected by fireworks used at it, and to	1523
promote the safety and security of exhibitors and their	1524
assistants.	1525

The rules shall be consistent with sections 3743.50 to	1526
3743.55 of the Revised Code, be limitedsubstantially equivalent	1527
to the most recent versions of chapters 1123, 1124, and 1126 of	1528
the most recent national fire protection association standards,	1529
and apply to, but not be limited to, the following subject	1530
matters:	1531

(1) The construction of shells used in a fireworks	1532
exhibition;	1533

(2) The storage and supervision of fireworks pending their	1534
use in, and during the course of, a fireworks exhibition, and	1535
inspections by exhibitors of fireworks to be used in an exhibition	1536
prior to their use. These rules shall regulate, among other	1537
relevant matters, the storage of fireworks in manners that will	1538
effectively eliminate or reduce the likelihood of the fireworks	1539
becoming wet or being exposed to flame, and appropriate distances	1540
between storage sites and the sites at which fireworks will be	1541
discharged.	1542

(3) The installation and nature of mortars used in a	1543
fireworks exhibition, and inspections by exhibitors of mortars	1544
prior to their use;	1545

(4) Minimum distances between storage sites, discharge	1546
sites, spectator viewing sites, parking areas, and potential	1547
landing areas of fireworks, and minimum distances between	1548
discharge sites, potential landing areas, and residential or other	1549
types of buildings or structures;	1550

(5) The nature of discharge sites and potential landing	1551
sites;	1552

(6) Fire protection, the use and location of monitors for	1553
crowd control, the use of fences and rope barriers for crowd	1554
control, illumination, smoking and the use of open flame, and	1555
posting of warning signs concerning smoking or the use of open	1556
flame in connection with fireworks exhibitions. These rules may	1557
provide some authority to local officials in determining adequate	1558
fire protection, and numbers and locations of monitors.	1559

(7) Procedures to be followed in the discharging of	1560
fireworks;	1561

(8) Weather and crowd-related conditions under which	1562
fireworks may and may not be discharged, including circumstances	1563
under which exhibitions should be postponed;	1564

(9) Inspections of premises following a fireworks exhibition	1565
for purposes of locating and disposing of defective or unexploded	1566
fireworks. Inspections shall be required immediately following an	1567
exhibition, and, if an exhibition is conducted at night, also at	1568
sunrise the following morning.	1569

(C)All mortars used in a fireworks exhibition that are	1570
greater than or equal to eight inches in diameter shall be	1571
equipped with electronic ignition equipment in accordance with	1572
chapter 1123 of the most recent edition of the national fire	1573
protection association standards.	1574

(D) Only persons who are employees of licensed exhibitors	1575
of fireworks and who are registered with the fire marshal under	1576
section 3743.56 of the Revised Code shall be permitted within the	1577
discharge perimeter of an exhibition.	1578

Sec. 3743.54.  (A) A licensed exhibitor of fireworks may	1579
acquire fireworks for use at a public fireworks exhibition only	1580
from a licensed manufacturer of fireworks or licensed wholesaler	1581
of fireworks, and only in accordance with the procedures specified	1582
in this section and section 3743.55 of the Revised Code. A	1583
licensed exhibitor shall not acquire, for any purpose, Class C	1584
1.4G fireworks as designated by the fire marshal in rules adopted	1585
pursuant to division (A) of section 3743.05 of the Revised Code.	1586

(B)(1) A licensed exhibitor of fireworks who wishes to	1587
conduct a public fireworks exhibition shall apply for approval to	1588
conduct the exhibition to whichever of the following persons is	1589
appropriate under the circumstances:	1590

(a) Unless division (B)(1)(c) or (d) of this section	1591
applies, if the exhibition will take place in a municipal	1592
corporation, the approval shall be obtained from the fire chief	1593
and the police chief of the particular municipal corporation;	1594

(b) Unless division (B)(1)(c) or (d) of this section	1595
applies, if the exhibition will take place in an unincorporated	1596
area, the approval shall be obtained from the fire chief of the	1597
particular township or township fire district and the police chief	1598
of the particular township or township police district;	1599

(c) If fire protection services for the premises on which	1600
the exhibition will take place are provided in accordance with a	1601
contract between political subdivisions, the approval shall be	1602
obtained from the fire chief of the political subdivision	1603
providing the fire protection services and the police chief of the	1604
political subdivision in which the premises on which the	1605
exhibition will take place are located. If police services for	1606
the premises on which the exhibition will take place are provided	1607
in accordance with a contract between political subdivisions, the	1608
approval shall be obtained from the police chief of the political	1609
subdivision providing the police services and the fire chief of	1610
the political subdivision in which the premises on which the	1611
exhibition will take place are located. If both fire and police	1612
protection services for the premises on which the exhibition will	1613
take place are provided in accordance with a contract between	1614
political subdivisions, the approval shall be obtained from the	1615
fire chief and police chief of the political subdivisions	1616
providing the police and fire protection services;	1617

(d) If there is no municipal corporation, township, or	1618
township fire district fire department, no municipal corporation,	1619
township, or township police district police department, and no	1620
contract for police or fire protection services between political	1621
subdivisions covering the premises on which the exhibition will	1622
take place, the approval shall be obtained from the fire	1623
prevention officer and law enforcement officer having jurisdiction	1624
over the premises.	1625

(2) The approval required by division (B)(1) of this section	1626
shall be evidenced by the fire chief or fire prevention officer	1627
and the police chief signing a permit for the exhibition. The fire	1628
marshal shall prescribe the form of exhibition permits and	1629
distribute copies of the form to fire chiefs, fire prevention	1630
officers, and police chiefs in this state. Any exhibitor of	1631
fireworks who wishes to conduct a public fireworks exhibition may	1632
obtain a copy of the form from the fire marshal or, if it is	1633
available, from a fire chief, fire prevention officer, or police	1634
chief.	1635

(C) Before signing a permit and issuing it to a licensed	1636
exhibitor of fireworks, a fire chief or fire prevention officer	1637
and the police chief shall inspect the premises on which the	1638
exhibition will take place and shall determine that, in fact, the	1639
applicant for the permit is a licensed exhibitor of fireworks.	1640
Each applicant shall show histhe applicant's license as an	1641
exhibitor of fireworks to the fire chief or fire prevention	1642
officer and the police chief.	1643

The fire chief or fire prevention officer and the police	1644
chief shall give his approval to conduct a public fireworks	1645
exhibition only if he is satisfied, based on the inspection, that	1646
the premises on which the exhibition will be conducted allow the	1647
exhibitor to comply with the rules adopted by the fire marshal	1648
pursuant to division (B) of section 3743.53 of the Revised Code	1649
and that the applicant is, in fact, a licensed exhibitor of	1650
fireworks. The fire chief or fire prevention officer and the	1651
police chief may inspect the premises immediately prior to the	1652
exhibition to determine if the exhibitor has complied with the	1653
rules, and may revoke a permit for noncompliance with the rules.	1654

(D) If the legislative authorities of their political	1655
subdivisions have prescribed a fee for the issuance of a permit	1656
for a public fireworks exhibition, fire chiefs or fire prevention	1657
officers and police chiefs shall not issue a permit until the	1658
exhibitor pays the requisite fee.	1659

Each exhibitor shall provide an indemnity bond in the amount	1660
of at least one hundred thousandmillion dollars, with surety	1661
satisfactory to the fire chief or fire prevention officer and the	1662
police chief, conditioned for the payment of all final judgments	1663
that may be rendered against the exhibitor on account of injury,	1664
death, or loss to persons or property emanating from the fireworks	1665
exhibition, or proof of insurance coverage of at least one hundred	1666
thousandmillion dollars for liability arising from injury, death,	1667
or loss to persons or property emanating from the fireworks	1668
exhibition. The legislative authority of a political subdivision	1669
in which a public fireworks exhibition will take place may require	1670
the exhibitor to provide an indemnity bond or proof of insurance	1671
coverage in amounts greater than those required by this division.	1672
Fire chiefs or fire prevention officers and police chiefs shall	1673
not issue a permit until the exhibitor provides the bond or proof	1674
of the insurance coverage required by this division or by the	1675
political subdivision in which the fireworks exhibition will take	1676
place.	1677

(E)(1) Each permit for a fireworks exhibition issued by a	1678
fire chief or fire prevention officer and the police chief shall	1679
contain a distinct number, together with a designation of	1680
designate the municipal corporation, township, or township fire or	1681
police district of the fire chief or fire prevention officer and	1682
the police chief,and identify the certified fire safety	1683
inspector, fire chief, or fire prevention officer who will be	1684
present before, during, and after the exhibition, where	1685
appropriate. A copy of each permit issued shall be forwarded by	1686
the fire chief or fire prevention officer and the police chief	1687
issuing it to the fire marshal, who shall keep a record of the	1688
permits he receivesreceived. A permit is not transferable or	1689
assignable.	1690

(2) Each fire chief, fire prevention officer, and police	1691
chief shall keep a record of issued permits for fireworks	1692
exhibitions. In this list, the fire chief, fire prevention	1693
officer, or police chief shall list the name of the exhibitor, his	1694
the exhibitor's license number, the premises on which the	1695
exhibition will be conducted, the date and time of the exhibition,	1696
and the number and political subdivision designation of the permit	1697
issued to the exhibitor for the exhibition.	1698

(F)The governing authority having jurisdiction in the	1699
location where an exhibition is to take place shall require that a	1700
certified fire safety inspector, fire chief, or fire prevention	1701
officer be present before, during, and after the exhibition, and	1702
shall require the certified fire safety inspector, fire chief, or	1703
fire prevention officer to inspect the premises where the	1704
exhibition is to take place and determine whether the exhibition	1705
is in compliance with this chapter.	1706

Sec. 3743.56.  Each fireworks exhibitor licensed under	1707
section 3743.51 of the Revised Code shall register with the fire	1708
marshal all employees who assist the licensed exhibitor in	1709
conducting fireworks exhibitions. The fire marshal shall maintain	1710
a record of each licensed exhibitor and registered employee and	1711
make it available, upon request, to any law enforcement agency.	1712
The fire marshal shall adopt rules that establish appropriate fees	1713
for the registration of employees of a licensed exhibitor. A	1714
licensed exhibitor shall file an application to register a new	1715
employee not later than seven days after the date on which the	1716
employee is hired.	1717

Sec. 3743.58.  The fire marshal shall adopt rules governing	1718
the transportation of fireworks on the highways of this state.	1719
These rules shall be substantially equivalent to regulations of	1720
the United States department of transportation governing the	1721
transportation of fireworks,and to the fireworks transportation	1722
provisions of the most recent versions of chapters 1123, 1124, and	1723
1126 of the most recent national fire protection association	1724
standards. Fireworks shall be transported on the highways of this	1725
state only in accordance with such rules. Such rules shall not	1726
require that shipments of fireworks required by this Chapter to be	1727
made directly out of state be made solely by common carriers	1728
licensed by the federal government. No requirements of this	1729
Chapter that fireworks be shipped or transported directly out of	1730
this state require that these shipments be made personally by the	1731
seller or solely by common carriers licensed by the federal	1732
government.	1733

Sec. 3743.59. (A) Upon application by an affected party,	1734
the state fire marshal may grant variances from the requirements	1735
of this chapter or from the requirements of rules adopted pursuant	1736
to this chapter if hethe fire marshal determines that a literal	1737
enforcement of the requirement will result in unnecessary hardship	1738
and that the variance will not be contrary to the public health,	1739
safety, or welfare. A variance shall not be granted to a person	1740
who is initially licensed as a manufacturer or wholesaler of	1741
fireworks after the effective date of this amendmentJune14,	1742
1988.	1743

(B) The fire marshal may authorize a variance from the	1744
prohibitions in this chapter against the possession and use of	1745
pyrotechnic compounds to a person who submits proof that the	1746
person is certified and in good standing with the Ohio state board	1747
of education, provided that the pyrotechnic compounds are used for	1748
educational purposes only, or are used only at an authorized	1749
educational function approved by the governing board that	1750
exercises authority over the educational function.	1751

(C) The fire marshal may authorize a variance from the	1752
prohibitions in this chapter against the possession and use of	1753
pyrotechnic compounds to a person who possesses and uses the	1754
pyrotechnic compounds for personal and noncommercial purposes as a	1755
hobby. The fire marshal may rescind a variance authorized under	1756
this division at any time, exclusively at the fire marshal's	1757
discretion.	1758

Sec. 3743.60.  (A) No person shall manufacture fireworks in	1759
this state unless it is a licensed manufacturer of fireworks, and	1760
no person shall operate a fireworks plant in this state unless it	1761
has been issued a license as a manufacturer of fireworks for the	1762
particular fireworks plant.	1763

(B) No person shall operate a fireworks plant in this state	1764
after its license as a manufacturer of fireworks for the	1765
particular fireworks plant has expired,been denied renewal, or	1766
been revoked, unless a new license has been obtained.	1767

(C) No licensed manufacturer of fireworks, during the	1768
effective period of its licensure, shall construct, locate, or	1769
relocate any buildings or other structures on the premises of its	1770
fireworks plant, make any structural change or renovation in any	1771
building or other structure on the premises of its fireworks	1772
plant, or change the nature of its manufacturing of fireworks so	1773
as to include the processing of fireworks without first obtaining	1774
a written authorization from the fire marshal pursuant to division	1775
(B) of section 3743.04 of the Revised Code.	1776

(D) No licensed manufacturer of fireworks shall manufacture	1777
fireworks, possess fireworks for sale at wholesale or retail, or	1778
sell fireworks at wholesale or retail, in a manner not authorized	1779
by division (C) of section 3743.04 of the Revised Code.	1780

(E) No licensed manufacturer of fireworks shall knowingly	1781
fail to comply with the rules adopted by the fire marshal pursuant	1782
to section 3743.05 of the Revised Code or the requirements of	1783
section 3743.06 of the Revised Code.	1784

(F) No licensed manufacturer of fireworks shall fail to	1785
maintain complete inventory, wholesale sale, and retail records as	1786
required by section 3743.07 of the Revised Code, or to permit	1787
inspection of these records or the premises of a fireworks plant	1788
pursuant to section 3743.08 of the Revised Code.	1789

(G) No licensed manufacturer of fireworks shall fail to	1790
comply with an order of the fire marshal issued pursuant to	1791
division (B)(1) of section 3743.08 of the Revised Code, within the	1792
specified period of time.	1793

(H) No licensed manufacturer of fireworks shall fail to	1794
comply with an order of the fire marshal issued pursuant to	1795
division (B)(2) of section 3743.08 of the Revised Code until the	1796
nonconformities are eliminated, corrected, or otherwise remedied	1797
or the seventy-two hour period specified in that division has	1798
expired, whichever first occurs.	1799

(I) No person shall smoke or shall carry a lighted pipe,	1800
cigarette, or cigar, or a match, lighter, other flame-producing	1801
item, or open flame on,or shall carry a concealed source of	1802
ignition into, the premises of a fireworks plant, except as	1803
smoking is authorized in specified lunchrooms or restrooms by a	1804
manufacturer pursuant to division (C) of section 3743.06 of the	1805
Revised Code.	1806

(J) No person shall have in his possession or under his	1807
control of, or be under the influence of, any intoxicating liquor,	1808
beer, or controlled substance, while he is on the premises of a	1809
fireworks plant.	1810

Sec. 3743.61.  (A) No person, except a licensed manufacturer	1811
of fireworks engaging in the wholesale sale of fireworks as	1812
authorized by division (C)(2) of section 3743.04 of the Revised	1813
Code, shall operate as a wholesaler of fireworks in this state	1814
unless it is a licensed wholesaler of fireworks, or shall operate	1815
as a wholesaler of fireworks at any location in this state unless	1816
it has been issued a license as a wholesaler of fireworks for the	1817
particular location.	1818

(B) No person shall operate as a wholesaler of fireworks at	1819
a particular location in this state after its license as a	1820
wholesaler of fireworks for the particular location has expired,	1821
been denied renewal, or been revoked, unless a new license has	1822
been obtained.	1823

(C) No licensed wholesaler of fireworks, during the	1824
effective period of its licensure, shall perform any construction,	1825
or make any structural change or renovation, on the premises on	1826
which the fireworks are sold without first obtaining a written	1827
authorization from the fire marshal pursuant to division (B) of	1828
section 3743.17 of the Revised Code.	1829

(D) No licensed wholesaler of fireworks shall possess	1830
fireworks for sale at wholesale or retail, or sell fireworks at	1831
wholesale or retail, in a manner not authorized by division (C) of	1832
section 3743.17 of the Revised Code.	1833

(E) No licensed wholesaler of fireworks shall knowingly fail	1834
to comply with the rules adopted by the fire marshal pursuant to	1835
section 3743.18 or the requirements of section 3743.19 of the	1836
Revised Code.	1837

(F) No licensed wholesaler of fireworks shall fail to	1838
maintain complete inventory, wholesale sale, and retail records as	1839
required by section 3743.20 of the Revised Code, or to permit	1840
inspection of these records or the premises of the wholesaler	1841
pursuant to section 3743.21 of the Revised Code.	1842

(G) No licensed wholesaler of fireworks shall fail to comply	1843
with an order of the fire marshal issued pursuant to division	1844
(B)(1) of section 3743.21 of the Revised Code, within the	1845
specified period of time.	1846

(H) No licensed wholesaler of fireworks shall fail to comply	1847
with an order of the fire marshal issued pursuant to division	1848
(B)(2) of section 3743.21 of the Revised Code until the	1849
nonconformities are eliminated, corrected, or otherwise remedied	1850
or the seventy-two hour period specified in that division has	1851
expired, whichever first occurs.	1852

(I) No person shall smoke or shall carry a lighted pipe,	1853
cigarette, or cigar, or a match, lighter, other flame-producing	1854
item, or open flame on,or shall carry a concealed source of	1855
ignition into, the premises of a wholesaler of fireworks, except	1856
as smoking is authorized in specified lunchrooms or restrooms by a	1857
wholesaler pursuant to division (D) of section 3743.19 of the	1858
Revised Code.	1859

(J) No person shall have in his possession or under his	1860
control of, or be under the influence of, any intoxicating liquor,	1861
beer, or controlled substance, while he is on the premises of a	1862
wholesaler of fireworks.	1863

Sec. 3743.64.  (A) No person shall conduct a fireworks	1864
exhibition in this state or act as an exhibitor of fireworks in	1865
this state unless itthe person is a licensed exhibitor of	1866
fireworks.	1867

(B) No person shall conduct a fireworks exhibition in this	1868
state or act as an exhibitor of fireworks in this state after its	1869
the person's license as an exhibitor of fireworks has expired,	1870
been denied renewal, or been revoked, unless a new license has	1871
been obtained.	1872

(C) No licensed exhibitor of fireworks shall fail to comply	1873
with the rules adopted by the fire marshal pursuant to division	1874
(B) of section 3743.53 of the Revised Code or to comply with	1875
divisions (C) and (D) of that section.	1876

(D) No licensed exhibitor of fireworks shall conduct a	1877
fireworks exhibition unless a permit has been secured for the	1878
exhibition pursuant to section 3743.54 of the Revised Code or if a	1879
permit so secured is revoked by a fire chief or fire prevention	1880
officer and police chief pursuant to that section.	1881

(E) No licensed exhibitor of fireworks shall acquire	1882
fireworks for use at a fireworks exhibition other than in	1883
accordance with sections 3743.54 and 3743.55 of the Revised Code.	1884

(F) No licensed exhibitor of fireworks or other person	1885
associated with the conduct of a fireworks exhibition shall have	1886
in his possession or under his control of, or be under the	1887
influence of, any intoxicating liquor, beer, or controlled	1888
substance while on the premises on which the exhibition is being	1889
conducted.	1890

(G)No licensed exhibitor of fireworks shall permit an	1891
employee to assist the licensed exhibitor in conducting fireworks	1892
exhibitions unless the employee is registered with the fire	1893
marshal under section 3743.56 of the Revised Code.	1894

Sec. 3743.65.  (A) No person shall possess fireworks in this	1895
state or shall possess for sale or sell fireworks in this state,	1896
except a licensed manufacturer of fireworks as authorized by	1897
sections 3743.02 to 3743.08 of the Revised Code, a licensed	1898
wholesaler of fireworks as authorized by sections 3743.15 to	1899
3743.21 of the Revised Code, a shipping permit holder as	1900
authorized by section 3743.40 of the Revised Code, an out-of-state	1901
resident as authorized by section 3743.44 of the Revised Code, a	1902
resident of this state as authorized by section 3743.45 of the	1903
Revised Code, or a licensed exhibitor of fireworks as authorized	1904
by sections 3743.50 to 3743.55 of the Revised Code, and except as	1905
provided in section 3743.80 of the Revised Code.	1906

(B) Except as provided in section 3743.80 of the Revised	1907
Code and except for licensed exhibitors of fireworks authorized to	1908
conduct a fireworks exhibition pursuant to sections 3743.50 to	1909
3743.55 of the Revised Code, no person shall discharge, ignite, or	1910
explode any fireworks in this state.	1911

(C) No person shall use in a theater or public hall, what is	1912
technically known as fireworks showers, or a mixture containing	1913
potassium chlorate and sulphur.	1914

(D) No person shall sell fireworks of any kind to a person	1915
under eighteen years of age.	1916

(E) No person shall advertise Class C1.4G fireworks for	1917
sale. A sign located on a seller's premises identifying the seller	1918
as a seller of fireworks is not the advertising of fireworks for	1919
sale.	1920

(F) No person, other than a licensed manufacturer, licensed	1921
wholesaler, licensed exhibitor, or shipping permit holder, shall	1922
possess class B1.3G fireworks in this state.	1923

(G)Except as otherwise provided in division (K) of section	1924
3743.06 and division (L) of section 3743.19 of the Revised Code,	1925
no person shall knowingly disable a fire suppression system as	1926
defined in section 3781.108 of the Revised Code on the premises of	1927
a fireworks plant of a licensed manufacturer of fireworks or on	1928
the premises of the business operations of a licensed wholesaler	1929
of fireworks.	1930

Sec. 3743.66.  (A) No person shall transport fireworks in	1931
this state except in accordance with rules adopted by the fire	1932
marshal pursuant to section 3743.58 of the Revised Code.	1933

(B) As used in this division, "fireworks" includes only	1934
Class B1.3G and Class C1.4G fireworks. No person shall ship	1935
fireworks into this state by mail, parcel post, or common carrier	1936
unless the person possesses a valid shipping permit issued under	1937
section 3743.40 of the Revised Code, and the fireworks are shipped	1938
directly to the holder of a license issued under section 3743.03,	1939
3743.16, or 3743.51 of the Revised Code.	1940

No person shall ship fireworks within this state by mail,	1941
parcel post, or common carrier unless the fireworks are shipped	1942
directly to the holder of a license issued under section 3743.03,	1943
3743.16, or 3743.51 of the Revised Code.	1944

Sec. 3743.68.  (A) The fire marshal, an assistant fire	1945
marshal, or a certified fire safety inspector may arrest, or may	1946
cause the arrest of, any person whowhom the fire marshal,	1947
assistant fire marshal, or certified fire safety inspector finds	1948
in the act of violating, or who the fire marshal, assistant fire	1949
marshal, or certified fire safety inspector has reasonable cause	1950
to believe has violated, sections 3743.60 to 3743.66 of the	1951
Revised Code. Any arrest shall be made in accordance with	1952
statutory and constitutional provisions governing arrests by law	1953
enforcement officers.	1954

(B) If the fire marshal, an assistant fire marshal, or	1955
certified fire safety inspector has probable cause to believe that	1956
fireworks are being manufactured, sold, possessed, transported, or	1957
used in violation of this chapter, the fire marshal, assistant	1958
fire marshal, or certified fire safety inspector may seize the	1959
fireworks. Any seizure of fireworks shall be made in accordance	1960
with statutory and constitutional provisions governing searches	1961
and seizures by law enforcement officers. The fire marshal's or	1962
certified fire safety inspector's office shall impound at the site	1963
or safely keep seized fireworks pending the time they are no	1964
longer needed as evidence. A sample of the seized fireworks is	1965
sufficient for evidentiary purposes. The remainder of the seized	1966
fireworks may be disposed of pursuant to an order from a court of	1967
competent jurisdiction after notice and a hearing.	1968

Fireworks manufactured, sold, possessed, transported, or used	1969
in violation of this chapter shall be forfeited by the violator.	1970
The fire marshal's or certified fire safety inspector's office	1971
shall dispose of seized fireworks pursuant to the procedures	1972
specified in section 2933.41 of the Revised Code for the disposal	1973
of forfeited property by law enforcement agencies,and the fire	1974
marshal or that office is not liable for claims for the loss of or	1975
damages to the seized fireworks.	1976

(C) This section does not affect the authority of a peace	1977
officer, as defined in section 2935.01 of the Revised Code, to	1978
make arrests for violations of this chapter or to seize fireworks	1979
manufactured, sold, possessed, transported, or used in violation	1980
of this chapter.	1981

(D) Any fines imposed for a violation of this chapter	1982
relating to the sale, purchase, possession, or discharge of	1983
fireworks shall be distributed in the following manner if a	1984
municipal corporation, county, or township either filed or	1985
enforced the complaint regarding the violation. One-half of the	1986
amount of the fine shall be distributed to the municipal	1987
corporation, county, or township which filed the complaint	1988
regarding the violation and one-half of the amount of the fine	1989
shall be distributed to the municipal corporation, county, or	1990
township which enforced the complaint. If the same municipal	1991
corporation, county, or township both filed the complaint	1992
regarding the violation and enforced the complaint, the entire	1993
amount of the fine shall be distributed to that municipal	1994
corporation, county, or township.	1995

Sec. 3743.70.  The fire marshal shall not issue an initial	1996
license or permit under this chapter on or after the effective	1997
date of this section if the applicant for the license or permit,	1998
or any individual holding, owning, or controlling a five per cent	1999
or greater beneficial or equity interest in the applicant for the	2000
license or permit, has been convicted of or pleaded guilty to a	2001
felony under the laws of this state, another state, or the United	2002
States. The fire marshal shall revoke or deny renewal of a	2003
license or permit first issued under this chapter on or after the	2004
effective date of this section if the holder of the license or	2005
permit, or any individual holding, owning, or controlling a five	2006
per cent or greater beneficial or equity interest in the holder of	2007
the license or permit, is convicted of or pleads guilty to a	2008
felony under the laws of this state, another state, or the United	2009
States.	2010

Sec. 3743.80.  This chapter does not prohibit or apply to the	2011
following:	2012

(A) The manufacture, sale, possession, transportation,	2013
storage, or use in emergency situations, of pyrotechnic signaling	2014
devices and distress signals for marine, aviation, or highway use;	2015

(B) The manufacture, sale, possession, transportation,	2016
storage, or use of fusees, torpedostorpedoes, or other signals	2017
necessary for the safe operation of railroads;	2018

(C) The manufacture, sale, possession, transportation,	2019
storage, or use of blank cartridges in connection with theaters or	2020
shows, or in connection with athletics as signals or for	2021
ceremonial purposes;	2022

(D) The manufacture for, the transportation, storage,	2023
possession, or use by, or sale to the armed forces of the United	2024
States and the militia of this state of pyrotechnic devices;	2025

(E) The manufacture, sale, possession, transportation,	2026
storage, or use of toy pistols, toy canes, toy guns, or other	2027
devices in which paper or plastic caps containing twenty-five	2028
hundredths grains or less of explosive material are used, provided	2029
that they are constructed so that a hand cannot come into contact	2030
with a cap when it is in place for explosion, or apply to the	2031
manufacture, sale, possession, transportation, storage, or use of	2032
those caps;	2033

(F) The manufacture, sale, possession, transportation,	2034
storage, or use of novelties and trick noisemakers, auto burglar	2035
alarms, or model rockets and model rocket motors designed, sold,	2036
and used for the purpose of propelling recoverable aero models;	2037

(G) The manufacture, sale, possession, transportation,	2038
storage, or use of wire sparklers on a wire stick, as this term is	2039
defined in the regulations of the United States department of	2040
transportation.	2041

(H) The conduct of radio-controlled special effect	2042
exhibitions that use an explosive black powder charge of not more	2043
than one-quarter pound per charge, and that are not connected in	2044
any manner to propellant charges, provided that the exhibition	2045
complies with all of following:	2046

(1) No explosive aerial display is conducted in the	2047
exhibition;	2048

(2) The exhibition is separated from spectators by not less	2049
than two hundred feet;	2050

(3) The person conducting the exhibition complies with	2051
regulations of the bureau of alcohol, tobacco, and firearms of the	2052
United States department of the treasury and the United States	2053
department of transportation with respect to the storage and	2054
transport of the explosive black powder used in the exhibition.	2055

Sec. 3743.99.  (A) Whoever violates division (A) or (B) of	2056
section 3743.60 of the Revised Code is guilty of a felony of the	2057
third degree.	2058

(B) Whoever violates division (C) or (D) of section 3743.60,	2059
division (A), (B), (C), or (D) of section 3743.61, or division (A)	2060
or (B) of section 3743.64 of the Revised Code is guilty of a	2061
felony of the fourth degree.	2062

(C) Whoever violates division (E), (F), (G), (H), (I), or	2063
(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J)	2064
of section 3743.61, section 3743.63, division (C), (D), (E), or	2065
(F),or(G) of section 3743.64, division (A), (B), (C), (D), or	2066
(F) of section 3743.65, or section 3743.66 of the Revised Code is	2067
guilty of a misdemeanor of the first degree. If the offender	2068
previously has been convicted of or pleaded guilty to a violation	2069
of division (I) of section 3743.60 or 3743.61 of the Revised Code,	2070
a violation of either of these divisions is a felony of the fifth	2071
degree.	2072

(D) Whoever violates division (G) of section 3743.65 of the	2073
Revised Code is guilty of a felony of the fifth degree.	2074

Section 2. That existing sections 3743.01, 3743.02, 3743.03,	2075
3743.04, 3743.05, 3743.06, 3743.07, 3743.08, 3743.15, 3743.16,	2076
3743.17, 3743.18, 3743.19, 3743.20, 3743.21, 3743.40, 3743.44,	2077
3743.45, 3743.50, 3743.51, 3743.52, 3743.53, 3743.54, 3743.58,	2078
3743.59, 3743.60, 3743.61, 3743.64, 3743.65, 3743.66, 3743.68,	2079
3743.80, and 3743.99 of the Revised Code are hereby repealed.	2080

Section 3. That sections 3743.01, 3743.52, 3743.53, 3743.54,	2081
3743.64, and 3743.99 be further amended and that section 3743.541	2082
of the Revised Code be enacted to read as follows:	2083

Sec. 3743.01.  As used in this chapter:

2084

(A) "Beer" and "intoxicating liquor" have the same meanings	2085
as in section 4301.01 of the Revised Code.	2086

(B) "Booby trap" means a small tube that has a string	2087
protruding from both ends, that has a friction-sensitive	2088
composition, and that is ignited by pulling the ends of the	2089
string.	2090

(C) "Cigarette load" means a small wooden peg that is coated	2091
with a small quantity of explosive composition and that is ignited	2092
in a cigarette.	2093

(D)(1) "1.3G fireworks" means display fireworks consistent	2094
with regulations of the United States department of transportation	2095
as expressed using the designation "division 1.3" in Title 49,	2096
Code of Federal Regulations.	2097

(2) "1.4G fireworks" means consumer fireworks consistent	2098
with regulations of the United States department of transportation	2099
as expressed using the designation "division 1.4" in Title 49,	2100
Code of Federal Regulations.	2101

(E) "Controlled substance" has the same meaning as in	2102
section 3719.01 of the Revised Code.	2103

(F) "Fireworks" means any composition or device prepared for	2104
the purpose of producing a visible or an audible effect by	2105
combustion, deflagration, or detonation, except ordinary matches	2106
and except as provided in section 3743.80 of the Revised Code.	2107

(G) "Fireworks plant" means all buildings and other	2108
structures in which the manufacturing of fireworks, or the storage	2109
or sale of manufactured fireworks by a manufacturer, takes place.	2110

(H) "Highway" means any public street, road, alley, way,	2111
lane, or other public thoroughfare.	2112

(I) "Licensed exhibitor of fireworks" or "licensed	2113
exhibitor" means a person licensed pursuant to sections 3743.50 to	2114
3743.55 of the Revised Code.	2115

(J) "Licensed manufacturer of fireworks" or "licensed	2116
manufacturer" means a person licensed pursuant to sections 3743.02	2117
to 3743.08 of the Revised Code.	2118

(K) "Licensed wholesaler of fireworks" or "licensed	2119
wholesaler" means a person licensed pursuant to sections 3743.15	2120
to 3743.21 of the Revised Code.	2121

(L) "List of licensed exhibitors" means the list required by	2122
division (C) of section 3743.51 of the Revised Code.	2123

(M) "List of licensed manufacturers" means the list required	2124
by division (C) of section 3743.03 of the Revised Code.	2125

(N) "List of licensed wholesalers" means the list required	2126
by division (C) of section 3743.16 of the Revised Code.	2127

(O) "Manufacturing of fireworks" means the making of	2128
fireworks from raw materials, none of which in and of themselves	2129
constitute a fireworks, or the processing of fireworks.	2130

(P) "Navigable waters" means any body of water susceptible	2131
of being used in its ordinary condition as a highway of commerce	2132
over which trade and travel is or may be conducted in the	2133
customary modes, but does not include a body of water that is not	2134
capable of navigation by barges, tugboats, and other large	2135
vessels.	2136

(Q) "Novelties and trick noisemakers" include the following	2137
items:	2138

(1) Devices that produce a small report intended to surprise	2139
the user, including, but not limited to, booby traps, cigarette	2140
loads, party poppers, and snappers;	2141

(2) Snakes or glow worms;

2142

(3) Smoke devices;

2143

(4) Trick matches.

2144

(R) "Party popper" means a small plastic or paper item that	2145
contains not more than sixteen milligrams of friction-sensitive	2146
explosive composition, that is ignited by pulling a string	2147
protruding from the item, and from which paper streamers are	2148
expelled when the item is ignited.	2149

(S) "Processing of fireworks" means the making of fireworks	2150
from materials all or part of which in and of themselves	2151
constitute a fireworks, but does not include the mere packaging or	2152
repackaging of fireworks.	2153

(T) "Railroad" means any railway or railroad that carries	2154
freight or passengers for hire, but does not include auxiliary	2155
tracks, spurs, and sidings installed and primarily used in serving	2156
a mine, quarry, or plant.	2157

(U) "Retail sale" or "sell at retail" means a sale of	2158
fireworks to a purchaser who intends to use the fireworks, and not	2159
resell them.	2160

(V) "Smoke device" means a tube or sphere that contains	2161
pyrotechnic composition that, upon ignition, produces white or	2162
colored smoke as the primary effect.	2163

(W) "Snake or glow worm" means a device that consists of a	2164
pressed pellet of pyrotechnic composition that produces a large,	2165
snake-like ash upon burning, which ash expands in length as the	2166
pellet burns.	2167

(X) "Snapper" means a small, paper-wrapped item that	2168
contains a minute quantity of explosive composition coated on	2169
small bits of sand, and that, when dropped, implodes.	2170

(Y) "Trick match" means a kitchen or book match that is	2171
coated with a small quantity of explosive composition and that,	2172
upon ignition, produces a small report or a shower of sparks.	2173

(Z) "Wire sparkler" means a sparkler consisting of a wire or	2174
stick coated with a nonexplosive pyrotechnic mixture that produces	2175
a shower of sparks upon ignition and that contains no more than	2176
one hundred grams of this mixture.	2177

(AA) "Wholesale sale" or "sell at wholesale" means a sale of	2178
fireworks to a purchaser who intends to resell the fireworks so	2179
purchased.	2180

(BB) "Licensed premises" means the real estate upon which a	2181
licensed manufacturer or wholesaler of fireworks conducts	2182
business.	2183

(CC) "Licensed building" means a building on the licensed	2184
premises of a licensed manufacturer or wholesaler of fireworks	2185
that is approved for occupancy by the building official having	2186
jurisdiction.	2187

(DD) "Fireworks incident" means any action or omission that	2188
occurs at a fireworks exhibition, that results in injury or death,	2189
or a substantial risk of injury or death, to any person, and that	2190
involves either of the following:	2191

(1) The handling or other use, or the results of the	2192
handling or other use, of fireworks or associated equipment or	2193
other materials;	2194

(2) The failure of any person to comply with any applicable	2195
requirement imposed by this chapter or any applicable rule adopted	2196
under this chapter.	2197

(EE) "Discharge site" means an area immediately surrounding	2198
the mortars used to fire aerial shells.	2199

(FF) "Fireworks incident site" means a discharge site or	2200
other location at a fireworks exhibition where a fireworks	2201
incident occurs, a location where an injury or death associated	2202
with a fireworks incident occurs, or a location where evidence of	2203
a fireworks incident or an injury or death associated with a	2204
fireworks incident is found.	2205

Sec. 3743.52.  (A) The license of an exhibitor of fireworks	2206
is effective for one year from the date of its issuance by the	2207
fire marshal. If an exhibitor of fireworks wishes to continue as	2208
an exhibitor after its then effective license expires, it shall	2209
apply for a new license pursuant to section 3743.50 of the Revised	2210
Code. The fire marshal shall send a written notice of the	2211
expiration of its license to a licensed exhibitor at least two	2212
months before the expiration date.	2213

(B) The license of an exhibitor of fireworks authorizes the	2214
exhibitor to conduct public fireworks exhibitions in this state if	2215
it complies with sections 3743.50 to 3743.55 of the Revised Code	2216
and with the rules adopted by the fire marshal pursuant to section	2217
3743.53 of the Revised Code.	2218

The license is not transferable or assignable, and is subject	2219
to revocation as provided in section 3743.70 or division (D) of	2220
section 3743.99 of the Revised Code or pursuant to Chapter 119. of	2221
the Revised Code if the exhibitor fails to comply with sections	2222
3743.50 to 3743.55 of the Revised Code or the rules adopted by the	2223
fire marshal pursuant to section 3743.53 of the Revised Code.	2224

If the license of an exhibitor is revoked, the exhibitor	2225
shall cease conducting public fireworks exhibitions immediately.	2226
TheSubject to division (D) of section 3743.99 of the Revised	2227
Code, the exhibitor may not reapply for licensure as an exhibitor	2228
of fireworks until two years expire from the date of revocation.	2229
The fire marshal shall remove from the list of licensed exhibitors	2230
the exhibitor's name, and shall notify fire chiefs, fire	2231
prevention officers, and police chiefs or other similar chief law	2232
enforcement officers of municipal corporations, townships, or	2233
township police districts in this state of the revocation.	2234

(C) Each licensed exhibitor of fireworks or a designee of	2235
the exhibitor, whose identity is provided to the fire marshal by	2236
the exhibitor, shall attend a continuing education program	2237
consisting of not less than six hours of instruction once every	2238
three years. The fire marshal shall develop the program, and the	2239
fire marshal or a person or public agency approved by the fire	2240
marshal shall conduct it. A licensed exhibitor or the exhibitor's	2241
designee who attends a program as required under this division,	2242
within one year after attending the program, and on an annual	2243
basis during the following two years, shall conduct in-service	2244
training for other employees of the licensee regarding the	2245
information obtained in the program. A licensed exhibitor shall	2246
provide the fire marshal with certified proof of full compliance	2247
with all applicable annual training requirements of the United	2248
States department of transportation and of the occupational safety	2249
and health administration. A licensed exhibitor shall provide the	2250
fire marshal with notice of the date, time, and place of all	2251
in-service training not less than thirty days prior to an	2252
in-service training event. An individual exhibitor who has no	2253
employees shall not fulfill continuing education requirements	2254
through a designee.	2255

Sec. 3743.53.  (A) The fire marshal shall adopt rules in	2256
accordance with Chapter 119. of the Revised Code that establish	2257
qualifications that all applicants for licensure as an exhibitor	2258
of fireworks shall satisfy. These rules shall be designed to	2259
provide a reasonable degree of assurance that individuals	2260
conducting public fireworks exhibitions in this state are	2261
proficient in handling and discharging fireworks, are capable of	2262
handling the responsibilities associated with exhibitions as	2263
prescribed by rule of the fire marshal pursuant to divisions (B)	2264
and (E) of this section or as prescribed by sections 3743.50 to	2265
3743.55 of the Revised Code, and will conduct fireworks	2266
exhibitions in a manner that emphasizes the safety and security of	2267
the public. The rules shall be consistent with sections 3743.50	2268
to 3743.55 of the Revised Code and may include, in addition to	2269
other requirements prescribed by the fire marshal, a requirement	2270
that the applicant for licensure successfully complete a written	2271
examination or otherwise successfully demonstrate its proficiency	2272
in the handling and discharging of fireworks in a safe manner and	2273
its ability to handle the responsibilities associated with	2274
exhibitions.	2275

(B) The fire marshal shall adopt rules in accordance with	2276
Chapter 119. of the Revised Code that govern the nature and	2277
conduct of public fireworks exhibitions by licensed exhibitors of	2278
fireworks. These rules shall be designed to promote the safety	2279
and security of persons viewing a fireworks exhibition, to promote	2280
the safety of persons who, although not viewing an exhibition,	2281
could be affected by fireworks used at it, and to promote the	2282
safety and security of exhibitors and their assistants.	2283

The rules shall be consistent with sections 3743.50 to	2284
3743.55 of the Revised Code; except as otherwise provided in this	2285
section, shall be substantially equivalent to the most recent	2286
versions of chapters 1123, 1124, and 1126 of the most recent	2287
national fire protection association standards; and shall apply	2288
to, but not be limited to, the following subject matters:	2289

(1) The construction of shells used in a fireworks	2290
exhibition;	2291

(2) Except as the storage and securing of fireworks is	2292
addressed by the rules adopted under division (E) of this section,	2293
the storage, securing, and supervision of fireworks pending their	2294
use in, and during the course of, a fireworks exhibition, and	2295
inspections by exhibitors of fireworks to be used in an exhibition	2296
prior to their use. These rules shall regulate, among other	2297
relevant matters, the storage of fireworks in manners that will	2298
effectively eliminate or reduce the likelihood of the fireworks	2299
becoming wet or being exposed to flame, and appropriate distances	2300
between storage sites and the sites at which fireworks will be	2301
discharged.	2302

(3) The installation and nature of mortars used in a	2303
fireworks exhibition, and inspections by exhibitors of mortars	2304
prior to their use;	2305

(4) Minimum distances between storage sites, discharge	2306
sites, spectator viewing sites, parking areas, and potential	2307
landing areas of fireworks, and minimum distances between	2308
discharge sites, potential landing areas, and residential or other	2309
types of buildings or structures;	2310

(5) The nature of discharge sites and potential landing	2311
sites;	2312

(6) Fire protection, the use and location of monitors for	2313
crowd control, the use of fences and rope barriers for crowd	2314
control, illumination, smoking and the use of open flame, and	2315
posting of warning signs concerning smoking or the use of open	2316
flame in connection with fireworks exhibitions. These rules may	2317
provide some authority to local officials in determining adequate	2318
fire protection, and numbers and locations of monitors.	2319

(7) Procedures to be followed in the discharging of	2320
fireworks;	2321

(8) Weather and crowd-related conditions under which	2322
fireworks may and may not be discharged, including circumstances	2323
under which exhibitions should be postponed;	2324

(9) Inspections of premises following a fireworks exhibition	2325
for purposes of locating and disposing of defective or unexploded	2326
fireworks. Inspections shall be required immediately following an	2327
exhibition, and, if an exhibition is conducted at night, also at	2328
sunrise the following morning.	2329

(C) All mortars used in a fireworks exhibition that are	2330
greater than or equal to eight inches in diameter shall be	2331
equipped with electronic ignition equipment in accordance with	2332
chapter 1123 of the most recent edition of the national fire	2333
protection association standards.	2334

(D) Only persons who are employees of licensed exhibitors of	2335
fireworks and who are registered with the fire marshal under	2336
section 3743.56 of the Revised Code shall be permitted within the	2337
discharge perimeter of an exhibition.	2338

(E)(1) The fire marshal shall adopt rules in accordance with	2339
Chapter 119. of the Revised Code and consistent with division	2340
(E)(3) of this section that establish both of the following:	2341

(a) Uniform standards for the stability and securing of	2342
fireworks storage racks used at a fireworks exhibition;	2343

(b) A detailed checklist that a fire chief or fire	2344
prevention officer, in consultation with a police chief or other	2345
similar chief law enforcement officer of a municipal corporation,	2346
township, or township police district or with a designee of such a	2347
police chief or other similar chief law enforcement officer, shall	2348
complete, while conducting the inspection required under division	2349
(C) of section 3743.54 of the Revised Code at the premises at	2350
which a fireworks exhibition will take place, to ensure that the	2351
exhibition will comply with all applicable requirements of this	2352
chapter, and all applicable rules adopted under this chapter, that	2353
regulate the conduct of a fireworks exhibition.	2354

(2) Each licensed exhibitor of fireworks shall comply with	2355
the rules that the fire marshal adopts under division (E)(1)(a) of	2356
this section.	2357

(3) Prior to the fire marshal's adoption of the rules	2358
referred to in divisions (E)(1)(a) and (b) of this section, the	2359
director of commerce shall appoint a committee consisting of the	2360
fire marshal, three representatives of the fireworks industry, and	2361
three representatives of the fire service industry to assist the	2362
fire marshal in adopting those rules. The fire marshal shall	2363
adopt initial rules under those divisions by not later than May 1,	2364
2001.	2365

(F) A fire chief or fire prevention officer, in consultation	2366
with a police chief or other similar chief law enforcement officer	2367
of a municipal corporation, township, or township police district	2368
or with a designee of such a police chief or other similar chief	2369
law enforcement officer, shall conduct the inspection referred to	2370
in division (E)(1)(b) of this section, complete the checklist	2371
referred to in division (E)(1)(b) of this section while conducting	2372
the inspection, and provide a copy of the completed checklist to	2373
the fire marshal.	2374

(G) A designee, if any, designated by a police chief or	2375
other similar chief law enforcement officer under this section or	2376
section 3743.54 of the Revised Code shall be a law enforcement	2377
officer serving in the same law enforcement agency as the police	2378
chief or other similar chief law enforcement officer.	2379

Sec. 3743.54.  (A) A licensed exhibitor of fireworks may	2380
acquire fireworks for use at a public fireworks exhibition only	2381
from a licensed manufacturer of fireworks or licensed wholesaler	2382
of fireworks, and only in accordance with the procedures specified	2383
in this section and section 3743.55 of the Revised Code. A	2384
licensed exhibitor shall not acquire, for any purpose, 1.4G	2385
fireworks as designated by the fire marshal in rules adopted	2386
pursuant to division (A) of section 3743.05 of the Revised Code.	2387

(B)(1) A licensed exhibitor of fireworks who wishes to	2388
conduct a public fireworks exhibition shall apply for approval to	2389
conduct the exhibition to whichever of the following persons is	2390
appropriate under the circumstances:	2391

(a) Unless division (B)(1)(c) or (d) of this section	2392
applies, if the exhibition will take place in a municipal	2393
corporation, the approval shall be obtained from the fire chief,	2394
and from the police chief or other similar chief law enforcement	2395
officer, or the designee of the police chief or similar chief law	2396
enforcement officer, of the particular municipal corporation.	2397

(b) Unless division (B)(1)(c) or (d) of this section	2398
applies, if the exhibition will take place in an unincorporated	2399
area, the approval shall be obtained from the fire chief of the	2400
particular township or township fire district, and from the police	2401
chief or other similar chief law enforcement officer, or the	2402
designee of the police chief or similar chief law enforcement	2403
officer, of the particular township or township police district.	2404

(c) If fire protection services for the premises on which	2405
the exhibition will take place are provided in accordance with a	2406
contract between political subdivisions, the approval shall be	2407
obtained from the fire chief of the political subdivision	2408
providing the fire protection services and from the police chief	2409
or other similar chief law enforcement officer, or the designee of	2410
the police chief or similar chief law enforcement officer, of the	2411
political subdivision in which the premises on which the	2412
exhibition will take place are located. If police services for	2413
the premises on which the exhibition will take place are provided	2414
in accordance with a contract between political subdivisions, the	2415
approval shall be obtained from the police chief or other similar	2416
chief law enforcement officer, or the designee of the police chief	2417
or similar chief law enforcement officer, of the political	2418
subdivision providing the police services and from the fire chief	2419
of the political subdivision in which the premises on which the	2420
exhibition will take place are located. If both fire and police	2421
protection services for the premises on which the exhibition will	2422
take place are provided in accordance with a contract between	2423
political subdivisions, the approval shall be obtained from the	2424
fire chief, and from the police chief or other similar chief law	2425
enforcement officer, or the designee of the police chief or	2426
similar chief law enforcement officer, of the political	2427
subdivisions providing the police and fire protection services.	2428

(d) If there is no municipal corporation, township, or	2429
township fire district fire department, no municipal corporation,	2430
township, or township police district police department, and no	2431
contract for police or fire protection services between political	2432
subdivisions covering the premises on which the exhibition will	2433
take place, the approval shall be obtained from the fire	2434
prevention officer, and from the police chief or other similar	2435
chief law enforcement officer, or the designee of the police chief	2436
or other similar chief law enforcement officer, having	2437
jurisdiction over the premises.	2438

(2) The approval required by division (B)(1) of this section	2439
shall be evidenced by the fire chief or fire prevention officer	2440
and by the police chief or other similar chief law enforcement	2441
officer, or the designee of the police chief or other similar	2442
chief law enforcement officer, signing a permit for the	2443
exhibition. The fire marshal shall prescribe the form of	2444
exhibition permits and distribute copies of the form to fire	2445
chiefs, to fire prevention officers, and to police chiefs or other	2446
similar chief law enforcement officers of municipal corporations,	2447
townships, or township police districts, or their designees, in	2448
this state. Any exhibitor of fireworks who wishes to conduct a	2449
public fireworks exhibition may obtain a copy of the form from the	2450
fire marshal or, if it is available, from a fire chief, a fire	2451
prevention officer, ora police chief or other similar chief law	2452
enforcement officer of a municipal corporation, township, or	2453
township police district, or a designee of such a police chief or	2454
other similar chief law enforcement officer.	2455

(C) Before a permit is signed and issued to a licensed	2456
exhibitor of fireworks, the fire chief or fire prevention officer,	2457
in consultation with the police chief or other similar chief law	2458
enforcement officer or with the designee of the police chief or	2459
other similar chief law enforcement officer, shall inspect the	2460
premises on which the exhibition will take place and shall	2461
determine that, in fact, the applicant for the permit is a	2462
licensed exhibitor of fireworks. Each applicant shall show the	2463
applicant's license as an exhibitor of fireworks to the fire chief	2464
or fire prevention officer.	2465

The fire chief or fire prevention officer, and the police	2466
chief or other similar chief law enforcement officer, or the	2467
designee of the police chief or other similar chief law	2468
enforcement officer, shall give approval to conduct a public	2469
fireworks exhibition only if satisfied, based on the inspection,	2470
that the premises on which the exhibition will be conducted allow	2471
the exhibitor to comply with the rules adopted by the fire marshal	2472
pursuant to divisions (B) and (E) of section 3743.53 of the	2473
Revised Code and that the applicant is, in fact, a licensed	2474
exhibitor of fireworks. The fire chief or fire prevention	2475
officer, in consultation with the police chief or other similar	2476
chief law enforcement officer or with the designee of the police	2477
chief or other similar chief law enforcement officer, may inspect	2478
the premises immediately prior to the exhibition to determine if	2479
the exhibitor has complied with the rules, and may revoke a permit	2480
for noncompliance with the rules.	2481

(D) If the legislative authorities of their political	2482
subdivisions have prescribed a fee for the issuance of a permit	2483
for a public fireworks exhibition, fire chiefs or fire prevention	2484
officers, and police chiefs, other similar chief law enforcement	2485
officers, or their designee, shall not issue a permit until the	2486
exhibitor pays the requisite fee.	2487

Each exhibitor shall provide an indemnity bond in the amount	2488
of at least one million dollars, with surety satisfactory to the	2489
fire chief or fire prevention officer and to the police chief or	2490
other similar chief law enforcement officer, or the designee of	2491
the police chief or other similar chief law enforcement officer,	2492
conditioned for the payment of all final judgments that may be	2493
rendered against the exhibitor on account of injury, death, or	2494
loss to persons or property emanating from the fireworks	2495
exhibition, or proof of insurance coverage of at least one million	2496
dollars for liability arising from injury, death, or loss to	2497
persons or property emanating from the fireworks exhibition. The	2498
legislative authority of a political subdivision in which a public	2499
fireworks exhibition will take place may require the exhibitor to	2500
provide an indemnity bond or proof of insurance coverage in	2501
amounts greater than those required by this division. Fire chiefs	2502
or fire prevention officers, and police chiefs, other similar	2503
chief law enforcement officers, or their designee, shall not issue	2504
a permit until the exhibitor provides the bond or proof of the	2505
insurance coverage required by this division or by the political	2506
subdivision in which the fireworks exhibition will take place.	2507

(E)(1) Each permit for a fireworks exhibition issued by a	2508
fire chief or fire prevention officer, and by the police chief or	2509
other similar chief law enforcement officer, or the designee of	2510
the police chief or other similar chief law enforcement officer,	2511
shall contain a distinct number, designate the municipal	2512
corporation, township, or township fire or police district of the	2513
fire chief or, fire prevention officer and the, police chief or	2514
other similar chief law enforcement officer, or designee of the	2515
police chief or other similar chief law enforcement officer, and	2516
identify the certified fire safety inspector, fire chief, or fire	2517
prevention officer who will be present before, during, and after	2518
the exhibition, where appropriate. A copy of each permit issued	2519
shall be forwarded by the fire chief or fire prevention officer,	2520
and by the police chief or other similar chief law enforcement	2521
officer, or the designee of the police chief or other similar	2522
chief law enforcement officer, issuing it to the fire marshal, who	2523
shall keep a record of the permits received. A permit is not	2524
transferable or assignable.	2525

(2) Each fire chief, fire prevention officer, and police	2526
chief or other similar chief law enforcement officer, and designee	2527
of a police chief or other similar chief law enforcement officer	2528
shall keep a record of issued permits for fireworks exhibitions.	2529
In this list, the fire chief, fire prevention officer, or police	2530
chief or other similar chief law enforcement officer, and designee	2531
of a police chief or other similar chief law enforcement officer	2532
shall list the name of the exhibitor, the exhibitor's license	2533
number, the premises on which the exhibition will be conducted,	2534
the date and time of the exhibition, and the number and political	2535
subdivision designation of the permit issued to the exhibitor for	2536
the exhibition.	2537

(F) The governing authority having jurisdiction in the	2538
location where an exhibition is to take place shall require that a	2539
certified fire safety inspector, fire chief, or fire prevention	2540
officer be present before, during, and after the exhibition, and	2541
shall require the certified fire safety inspector, fire chief, or	2542
fire prevention officer to inspect the premises where the	2543
exhibition is to take place and determine whether the exhibition	2544
is in compliance with this chapter.	2545

Sec. 3743.541. (A) The appropriate state or local law	2546
enforcement authority with jurisdiction over a fireworks incident	2547
site shall immediately notify the state fire marshal, the state	2548
fire marshal's designee, or a member of the state fire marshal's	2549
staff regarding the occurrence of the fireworks incident and the	2550
location of the fireworks incident site.	2551

(B) At any time after a fireworks incident occurs, unless	2552
the fire marshal otherwise delegates the fire marshal's authority	2553
to the appropriate state or local law enforcement authority with	2554
jurisdiction over the fireworks incident site, the fire marshal,	2555
the fire marshal's designee, or a member of the fire marshal's	2556
staff shall supervise and coordinate the investigation of the	2557
fireworks incident and supervise any dismantling, repositioning,	2558
or other disturbance of fireworks, associated equipment or other	2559
materials, or other items within the fireworks incident site or of	2560
any evidence related to the fireworks incident.	2561

(C) A state or local law enforcement officer, prior to the	2562
arrival of the fire marshal, the fire marshal's designee, or a	2563
member of the fire marshal's staff at a fireworks incident site,	2564
may dismantle, reposition, or move any fireworks, any associated	2565
equipment or other materials, or any other items found within the	2566
site or any evidence related to the fireworks incident only as	2567
necessary to prevent an imminent fire, imminent explosion, or	2568
similar threat of additional injury or death to any member of the	2569
public at the site.	2570

Sec. 3743.64.  (A) No person shall conduct a fireworks	2571
exhibition in this state or act as an exhibitor of fireworks in	2572
this state unless the person is a licensed exhibitor of fireworks.	2573

(B) No person shall conduct a fireworks exhibition in this	2574
state or act as an exhibitor of fireworks in this state after the	2575
person's license as an exhibitor of fireworks has expired, been	2576
denied renewal, or been revoked, unless a new license has been	2577
obtained.	2578

(C) No licensed exhibitor of fireworks shall fail to comply	2579
with the applicable requirements of the rules adopted by the fire	2580
marshal pursuant to divisions (B) and (E) of section 3743.53 of	2581
the Revised Code or to comply with divisions (C) and (D) of that	2582
section.	2583

(D) No licensed exhibitor of fireworks shall conduct a	2584
fireworks exhibition unless a permit has been secured for the	2585
exhibition pursuant to section 3743.54 of the Revised Code or if a	2586
permit so secured is revoked by a fire chief or fire prevention	2587
officer, in consultation with a police chief or other similar	2588
chief law enforcement officer of a municipal corporation,	2589
township, or township police district or with a designee of such a	2590
police chief or other similar chief law enforcement officer,	2591
pursuant to that section.	2592

(E) No licensed exhibitor of fireworks shall acquire	2593
fireworks for use at a fireworks exhibition other than in	2594
accordance with sections 3743.54 and 3743.55 of the Revised Code.	2595

(F) No licensed exhibitor of fireworks or other person	2596
associated with the conduct of a fireworks exhibition shall have	2597
possession or control of, or be under the influence of, any	2598
intoxicating liquor, beer, or controlled substance while on the	2599
premises on which the exhibition is being conducted.	2600

(G) No licensed exhibitor of fireworks shall permit an	2601
employee to assist the licensed exhibitor in conducting fireworks	2602
exhibitions unless the employee is registered with the fire	2603
marshal under section 3743.56 of the Revised Code.	2604

(H)(1) As used in this division:

2605

(a) "Accident" means any action or omission that occurs at a	2606
fireworks exhibition, that results in injury or death, or a	2607
substantial risk of injury or death, to any person, and that	2608
involves either of the following:	2609

(i) The handling or other use of fireworks or associated	2610
equipment or other materials;	2611

(ii) The failure of any person to comply with any applicable	2612
requirement imposed by this chapter or any applicable rule adopted	2613
under this chapter.	2614

(b) "Discharge site" means the area immediately surrounding	2615
the mortars used to fire aerial shells.	2616

(c) "Accident site" means a discharge site or other location	2617
at a fireworks exhibition where an accident occurs, an injury or	2618
death associated with an accident occurs, or evidence of an	2619
accident or an injury or death associated with an accident is	2620
found.	2621

(2) NoExcept as provided in division (C) of section	2622
3743.541 of the Revised Code, no person shall knowingly, or	2623
knowingly permit another person to, dismantle, reposition, or	2624
otherwise disturb any fireworks, associated equipment, fireworks,	2625
or other materials, or other items within an accidenta fireworks	2626
incident site of a fireworks exhibition, or any evidence related	2627
to an accidenta fireworks incident, at any time after that person	2628
has reason to believe an accidenta fireworks incident has	2629
occurred, before the state fire marshal, the state fire marshal's	2630
designee, a member of the state fire marshal's staff, or other	2631
appropriate state or local law enforcement authorities permit in	2632
accordance with section 3743.541 of the Revised Code the	2633
dismantling, repositioning, or other disturbance of the fireworks,	2634
equipment, materials, or items within the accidentfireworks	2635
incident site or of any evidence related to the accidentfireworks	2636
incident.	2637

(3) It is an affirmative defense to a charge under division	2638
(H) of this section that, in order to secure an accident site of a	2639
fireworks exhibition or any evidence related to an accident, the	2640
person dismantled, repositioned, or otherwise disturbed materials	2641
within the accident site, or evidence related to the accident,	2642
which, at the time of the dismantling, repositioning, or other	2643
disturbance, still presented a danger of causing an explosion,	2644
fire, or similar threat of additional injury or death to members	2645
of the public.	2646

(I) No fire chief or fire prevention officer, in	2647
consultation with a police chief, shall fail to conduct an	2648
inspection, complete the requisite checklist while conducting the	2649
inspection, or provide a copy of the completed checklist to the	2650
fire marshal in accordance with division (F) of section 3743.53 of	2651
the Revised Code and the rules adopted by the fire marshal	2652
pursuant to division (E)(1)(b) of that section.	2653

Sec. 3743.99.  (A) Whoever violates division (A) or (B) of	2654
section 3743.60 or division (H) of section 3743.64 of the Revised	2655
Code is guilty of a felony of the third degree.	2656

(B) Whoever violates division (C) or (D) of section 3743.60,	2657
division (A), (B), (C), or (D) of section 3743.61, or division (A)	2658
or (B) of section 3743.64 of the Revised Code is guilty of a	2659
felony of the fourth degree.	2660

(C) Whoever violates division (E), (F), (G), (H), (I), or	2661
(J) of section 3743.60, division (E), (F), (G), (H), (I), or (J)	2662
of section 3743.61, section 3743.63, division (D), (E), (F), or	2663
(G), or (I) of section 3743.64, division (A), (B), (C), (D), or	2664
(F) of section 3743.65, or section 3743.66 of the Revised Code is	2665
guilty of a misdemeanor of the first degree. If the offender	2666
previously has been convicted of or pleaded guilty to a violation	2667
of division (I) of section 3743.60 or 3743.61 of the Revised Code,	2668
a violation of either of these divisions is a felony of the fifth	2669
degree.	2670

(D) Whoever violates division (C) of section 3743.64 of the	2671
Revised Code is guilty of a misdemeanor of the first degree. In	2672
addition to any other penalties that may be imposed on a licensed	2673
exhibitor of fireworks under this division and unless the third	2674
sentence of this division applies, the person's license as an	2675
exhibitor of fireworks or as an assistant exhibitor of fireworks	2676
shall be suspended, and the person is ineligible to apply for	2677
either type of license, for a period of five years. If the	2678
violation of division (C) of section 3743.64 of the Revised Code	2679
results in a serious accident, as defined in division (H) of that	2680
sectionphysical harm to persons or serious physical harm to	2681
property, the person's license as an exhibitor of fireworks or as	2682
an assistant exhibitor of fireworks shall be revoked, and that	2683
person shall not again be eligibleis ineligible to apply for a	2684
license as or to be licensed as an exhibitor of fireworks or as an	2685
assistant exhibitor of fireworks in this state.	2686

(E) Whoever violates division (G) of section 3743.65 of the	2687
Revised Code is guilty of a felony of the fifth degree.	2688

Section 4. That existing sections 3743.01, 3743.52, 3743.53,	2689
3743.54, 3743.64, and 3743.99 of the Revised Code are hereby	2690
repealed.	2691

Section 5. (A) The intent of the General Assembly in	2692
amending sections 3743.01, 3743.02, 3743.03, 3743.04, 3743.05,	2693
3743.06, 3743.07, 3743.08, 3743.15, 3743.16, 3743.17, 3743.18,	2694
3743.19, 3743.20, 3743.21, 3743.40, 3743.44, 3743.45, 3743.50,	2695
3743.51, 3743.52, 3743.53, 3743.54, 3743.58, 3743.59, 3743.60,	2696
3743.61, 3743.64, 3743.65, 3743.66, 3743.68, 3743.80, and 3743.99	2697
and in enacting sections 3743.25, 3743.56, and 3743.70 of the	2698
Revised Code in Section 1 of this act is to reenact the amendments	2699
to, or the enactment of, those sections by Am. Sub. H.B. 215 of	2700
the 122nd General Assembly to protect those sections against a	2701
challenge that their amendment or enactment was invalid because it	2702
violated the prohibition contained in Section 15 of Article II of	2703
the Constitution of Ohio against a bill containing more than one	2704
subject. For purposes of this act, all references in those	2705
sections to "the effective date of this section" or to "the	2706
effective date of this amendment" shall be construed to mean the	2707
effective date of a section or of an amendment to a section by Am.	2708
Sub. H.B. 215 of the 122nd General Assembly.	2709

(B) The intent of the General Assembly in further amending	2710
sections 3743.01, 3743.52, 3743.53, 3743.54, 3743.64, and 3743.99	2711
and in enacting section 3743.541 of the Revised Code in Section 3	2712
of this act is to:	2713

(1) Recognize the versions of sections 3743.01, 3743.52,	2714
3743.53, 3743.54, 3743.64, and 3743.99 of the Revised Code that	2715
result from Am. Sub. H.B. 215 of the 122nd General Assembly and	2716
Sub. H.B. 405 of the 123rd General Assembly; and	2717

(2) Further amend sections 3743.01, 3743.52, 3743.53,	2718
3743.54, 3743.64, and 3743.99 and enact section 3743.541 of the	2719
Revised Code to make changes relating to fireworks incidents and	2720
their investigation.	2721